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

Case 1:07-cv-00209-MBH

Document 9

Filed 05/17/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Judge Marian Blank Horn) No. 07-209 T ________________________ IMPRIMIS INVESTORS LLC, WEXFORD SPECIAL SITUATIONS 1997 INSTITUTIONAL, LP, TAX MATTERS PARTNER, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. __________________________ REQUEST FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS' COMPLAINT __________________________ The United States respectfully moves the Court for an enlargement of time of 60 days, from May 28, 2007, to and including July 27, 2007, within which to answer or otherwise respond to plaintiffs' complaint. This is the first such enlargement requested. The IRS attorney assigned to prepare a defense recommendation in this matter has informed defendant's counsel that she has not yet located or received the administrative files and materials applicable to this case. The United States' receipt and review of the administrative files/materials and the IRS's defense recommendation are necessary prerequisites to filing a meaningful response to plaintiffs' complaint. Accordingly, additional time is required to allow for the IRS's receipt of the files and preparation of the defense recommendation, for the defendant to receive and review the IRS's defense recommendation and administrative materials, and to prepare a response to plaintiffs' complaint.

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Case 1:07-cv-00209-MBH

Document 9

Filed 05/17/2007

Page 2 of 2

Pursuant to RCFC 6.1, defendant's counsel has discussed this motion with plaintiffs' counsel and plaintiffs' counsel has no objection to the enlargement of time. WHEREFORE, defendant prays that its motion for an 60-day enlargement of time to answer or otherwise respond to plaintiffs' complaint be allowed. Respectfully submitted,

s/Bart D. Jeffress BART D. JEFFRESS Attorney of Record U.S. Department of Justice - Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 (202) 307-6496 (202) 540-9440 (facsimile) EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims STEVEN I. FRAHM Assistant Chief, Court of Federal Claims s/Steven I. Frahm Of Counsel Attorneys for Defendant May 17, 2007

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