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

Case 1:07-cv-00174-CFL

Document 17

Filed 10/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PENNSAUKEN SENIOR TOWERS URBAN RENEWAL ASSOCIATES, LLC, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 07-174C No. 07-646C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME WITHIN WHICH TO FILE ITS ANSWER AND THE JOINT PRELIMINARY STATUS REPORT Defendant respectfully requests an enlargement of time of 60 days, to and including January 4, 2008, within which to file its answer or other responsive pleading that is currently due on November 5, 2007. This is defendant's first request since the cases were consolidated over defendant's objection on October 5, 2007. Additionally, defendant respectfully requests that the Court reset the deadline within which to file its JPSR from November 13, 2007, to 49 days after defendant files is answer pursuant to Appendix A of the Rules of the United States Court of Federal Claims. Plaintiffs do not oppose the requests. As a result of the consolidation, government counsel for the former Pennsauken case has been reassigned to represent the Government in this consolidated matter. As stated previously, the contracts that are subject to dispute are almost 30 years old and the subject matter is complex. Moreover, both sides have discussed the possibility of resolving these cases and, at this time, would like additional time to do so. Additionally, newly assigned counsel must familiarize himself with both the contract and underlying facts relating to the Haddon property. Government counsel is unable to prepare

Case 1:07-cv-00174-CFL

Document 17

Filed 10/31/2007

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adequately for this case, at this time, because he is in the midst of preparing for trial in the case of The Dalles Irrigation District v. United States, No. 05-1042 (Fed. Cl.), which is scheduled for November 13, 2007. Thereafter, he will be getting married and out of the country until the beginning of December. For these reasons, defendant respectfully requests that the Court grant its unopposed motion for a 60-day enlargement of time within which to file its answer or other responsive pleading and reset the deadline for filing the JPSR. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/ Armando Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 307-3390 Fax: (202) 514-8624 October 31, 2007 Attorneys for Defendant

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Case 1:07-cv-00174-CFL

Document 17

Filed 10/31/2007

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CERTIFICATE OF FILING I hereby certify that on this 31st day of October, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME WITHIN WHICH TO FILE ITS ANSWER AND THE JOINT PRELIMINARY STATUS REPORT" 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. The parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo