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

Case 1:07-cv-00222-SGB

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Filed 08/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TRIGEANT, LTD., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-222C (Judge Braden)

DEFENDANT'S THIRD CONSENT MOTION FOR AN ENLARGEMENT OF TIME WITHIN WHICH TO RESPOND TO PLAINTIFF'S COMPLAINT Defendant, the United States, respectfully requests a 28-day enlargement of time within which to respond to plaintiff's complaint. Defendant's response to plaintiff's complaint is This is defendant's third On May 23, 2007,

currently due by August 31, 2007.

request for an enlargement for this purpose.

the Court granted defendant's request for a 45-day enlargement, to July 20, 2007. On July 9, 2007, the Court granted defendant's

request for a 42-day enlargement, to August 31, 2007. The enlargement that we currently request would make defendant's response due by September 28, 2007. Counsel for

plaintiff has represented to counsel for defendant that plaintiff consents to this request. We request the enlargement because the parties have made further progress toward settlement: plaintiff has extended to defendant a settlement offer that lead counsel for defendant has recommended the Attorney General accept. The Commercial

Litigation Branch has forwarded that recommendation to the

Case 1:07-cv-00222-SGB

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Assistant Attorney General, Civil Division.

Defendant, however,

cannot predict when action upon that recommendation might be taken. For these reasons, defendant respectfully requests that

the Court enlarge the time for defendant to respond to plaintiff's complaint by 28 days, to September 28, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/Donald E. Kinner by s/Franklin E. White, Jr. DONALD E. KINNER Assistant Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 August 21, 2007 Attorneys for Defendant

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Case 1:07-cv-00222-SGB

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CERTIFICATE OF SERVICE I hereby certify that on August 21, 2007, the foregoing Defendant's Third Consent Motion For An Enlargement Of Time Within Which To Respond To Plaintiff's Complaint 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. system. Parties may access this filing through the Court's

s/Timothy P. McIlmail