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

Case 1:07-cv-00250-CCM

Document 5

Filed 06/18/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PAUL D. RIPPA, Plaintiff, v. THE UNITED STATES, Defendant

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No. 07-250C (Judge Christine O.C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 45-day enlargement of time, to and including August 9, 2007, to file a response to the complaint. Our response is currently due on June 25, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with plaintiff's counsel about this enlargement of time. Plaintiff's counsel stated that he does not oppose this enlargement. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the Department of the Interior, as required by 28 U.S.C. § 520. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel of record to review the litigation report and prepare the Government's response to the complaint. Additionally, the enlargement is requested because of counsel of record's current workload, which includes drafting an appellate brief in Richard Mutch v. United States, Court of Federal Claims No. 2007-5117, due June 22, 2007; answering complaints in Ann Thomas v. United States, No. 07-212C, due on June 29, 2007, and Former Employees of Invista S.A.R.L. v.

Case 1:07-cv-00250-CCM

Document 5

Filed 06/18/2007

Page 2 of 3

United States, Court of International Trade No. 2007-0160, due July 16, 2007; and drafting a motion on the administrative record in the bid protest Ironclad/EEI v. United States, No. 07-280, due on July 23, 2007. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 45 days, to and including August 9, 2007, within which to file a response to the plaintiff's complaint. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

/s/Mark A. Melnick MARK A. MELNICK Assistant Director /s/Carrie A. Dunsmore CARRIE A. DUNSMORE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 June 18, 2007 Attorneys for Defendant

Case 1:07-cv-00250-CCM

Document 5

Filed 06/18/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 18th day of June, 2007, a copy of "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/Carrie A. Dunsmore Carrie A. Dunsmore