Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:07-cv-00316-JFM

Document 10

Filed 09/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BILTMORE FOREST BROADCASTING FM, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-316C (Judge James E. Merow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 14-day enlargement of time, to and including October 12, 2007, within which to file its reply to plaintiff's response to our motion to dismiss. Our response is currently due on September 28, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel contacted plaintiff's counsel, who represents that plaintiff does not oppose this motion. The enlargement is necessary to afford the Government sufficient time to draft its reply. Since receiving plaintiff's response on September 14, 2007, the undersigned government counsel has had several matters to attend to, including post-trial briefing and assembling an administrative record in a bid protest. Specifically, the matters pending before this Court that have been or will require counsel's attention are preparing an administrative record in a bid protest to be served upon plaintiff's counsel in Sealift, Inc. v. United States, No. 07-627, due on October 1, 2007 and reviewing the trial transcript and preparing the Government's post-trial brief in Alli v. United States, No. 01-669, due on October 5, 2007. In the United States Court of Appeals for the Federal Circuit, the undersigned Government counsel has been preparing the Government's response brief in Gibbons v. Nicholson, No. 2007-7153, filed on September 14,

Case 1:07-cv-00316-JFM

Document 10

Filed 09/21/2007

Page 2 of 2

2007 and has been preparing for oral argument in Impresa Construzioni Geom. Domenico Garufi v. United States, No. 2007-5009, scheduled for October 3, 2007 in New York City. Moreover, Government counsel is scheduled to be on travel from September 22, 2007 thru September 25, 2007; September 28, 2007 thru October 1, 2007, and from October 2, 2007 thru October 4, 2007. Accordingly, the additional time is necessary to allow sufficient time for Government counsel to draft its reply and obtain the necessary reviews of the brief. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick by Deborah A. Bynum MARK A. MELNICK Assistant Director s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3689 fax: (202) 305-7643 September 21, 2007 Attorneys for Defendant

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