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

Case 1:07-cv-00270-GWM

Document 5

Filed 06/27/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NATIVE AMERICAN CONTRACTORS, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

Case No. 07-270C (Judge Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of 60 days, to and including Tuesday, August 28, 2007, within which to respond to the complaint. Our response is now due on June 29, 2007. This is our first request for an enlargement of time for this purpose. Counsel for the plaintiff has indicated that he will not oppose this request for an enlargement of time. Counsel for the defendant timely requested, pursuant to 28 U.S.C. § 520, that the appropriate agency provide him with a litigation report. Counsel for the defendant has not yet received a litigation report. We rely upon agency counsel to prepare a litigation report pursuant to section 520 concerning the case so that we may respond to actions filed against the United States. Agency counsel's duties and responsibilities in preparing the litigation report are very time consuming, as he or she must investigate the allegations made by the plaintiff and analyze the complaint. After receiving the litigation report, counsel for the defendant will require time to study it and determine the most appropriate response to the complaint. Therefore, we anticipate that at least an additional 60 days will be required to prepare our response. For the foregoing reasons, defendant requests that the Court grant this unopposed motion for an enlargement of time.

Case 1:07-cv-00270-GWM

Document 5

Filed 06/27/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 June 27, 2007 Attorneys for Defendant

Case 1:07-cv-00270-GWM

Document 5

Filed 06/27/2007

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on June 27, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT 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/ Devin A. Wolak DEVIN A. WOLAK