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

Case 1:07-cv-00211-RHH

Document 8

Filed 07/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN RED BALL INTERNATIONAL, INC. et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-211C (Judge Hodges)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of 5 days, to and including July 13, 2007, within which to respond to the complaint. Our response is now due on 9, 2007, pending a favorable ruling upon our previous motion for an enlargement of time of 37 days from June 1, 2007. This is our second request for an enlargement of time for this purpose; the Court has not yet ruled upon our first request. Counsel for the plaintiffs has indicated that he will not oppose this motion. After we filed our first motion for an enlargement of time, we received a litigation report from agency counsel, reviewed it, and determined that the appropriate response to the plaintiffs' complaint is a motion to dismiss. We have prepared a draft of that motion, but it has not yet been fully reviewed pursuant to mandatory Department of Justice internal review procedures. Additionally, counsel for the defendant's efforts to complete this motion sooner have been hampered by his responsibilities on other cases, which have included drafting two other dispositive motions in two other cases pending before this Court, traveling to Texas for discovery on a third case pending before the Court, and drafting an appellate brief for an appeal pending before the United States Court of Appeals for the Federal Circuit. We have advised counsel for the plaintiffs that we intend to file a motion to dismiss, and anticipate that the

Case 1:07-cv-00211-RHH

Document 8

Filed 07/09/2007

Page 2 of 3

internal review process should be complete on or before July 13, 2007. Therefore, we anticipate that an additional 5 days will be required to finalize our response. If it is finalized prior to that date, we will file and serve it as soon as it is complete. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Todd M. Hughes TODD M. HUGHES Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK 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) 616-0170 Fax: (202) 514-8624 July 9, 2007 Attorneys for Defendant

Case 1:07-cv-00211-RHH

Document 8

Filed 07/09/2007

Page 3 of 3

Certificate of Filing I hereby certify that on July 9, 2007, a copy of the 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