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

Case 1:07-cv-00267-FMA

Document 11

Filed 06/22/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SIMON ROOFING AND SHEET METAL CORP., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

No. 07-267C (Judge Allegra)

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 55-day enlargement of time, to and including August 20, 2007, within which to file a response to plaintiff's complaint. Presently, the Government's responsive pleading to the complaint is due no later than June 26, 2007. This is the Government's first request for an enlargement of time. Plaintiff's counsel represents that plaintiff consents to our request. On June 21, 2007, plaintiff filed a second complaint against the Government in this Court. The plaintiff filed a notice of related case with this second complaint. See Document No. 9. During a telephone conversation on June 21, plaintiff's counsel indicated to undersigned counsel that plaintiff would seek to consolidate the two cases. Plaintiff's counsel also consented to our request to enlarge the time to respond to the complaint in the above-captioned matter by 55 days so that we could file our response to plaintiff's first complaint contemporaneously with our response to the plaintiff's second complaint. The Government also believes that this additional time will permit the parties an opportunity to explore settlement options.

Case 1:07-cv-00267-FMA

Document 11

Filed 06/22/2007

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For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time of 55 days, to and including August 20, 2007, within which to file a responsive pleading to the complaint.

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ David M. Hibey DAVID M. HIBEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0163 Fax: (202) 514-8624

June 22, 2007

Attorneys for Defendant

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Case 1:07-cv-00267-FMA

Document 11

Filed 06/22/2007

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CERTIFICATE OF FILING I hereby certify that on this 22nd day of June, 2007, a copy of the foregoing "Defendant's Unopposed Motion for Enlargment of Time" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ David M. Hibey

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