Free Motion for Extension of Time to File Answer - District Court of Federal Claims - federal

Case 1:07-cv-00351-CCM

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Filed 02/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 07-350 T (Judge Christine O.C. Miller) J. CARDENAS & SONS FARMING, INC., JUAN CARDENAS AND GRACIELA CARDENAS Plaintiffs, v. THE UNITED STATES, Defendant,

No. 07-351 T RIO VISTA CORPORATION, JUAN CARDENAS AND GRACIELA CARDENAS, Plaintiffs, v. THE UNITED STATES, Defendant, __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of fifteen days from February 11, 2008, to and including February 26, 2008, within which to file

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Case 1:07-cv-00351-CCM

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Filed 02/11/2008

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its answer or other response to the Second Amended Complaint filed in the above-captioned matter. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that its trial attorney received supplemental defense recommendations in this action from the Internal Revenue Service ("IRS") on February 8, 2008. The IRS advised that there are additional administrative files relevant to the issues raised in the Second Amended Complaint which have not yet been located. Counsel for the IRS advised that the IRS is continuing its search for the additional administrative files. Defendant's trial attorney expects to receive the additional administrative files and to respond to the Second Amended Complaint within the time requested. Defendant's trial attorney left a telephone message but was unable to reach plaintiffs' counsel. Therefore, plaintiffs have not provided their position with respect to this motion.

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Case 1:07-cv-00351-CCM

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Filed 02/11/2008

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WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840

NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/David Gustafson Of Counsel

February 11, 2008