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

Case 1:07-cv-00166-CCM

Document 5

Filed 04/26/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PAUL E. DOLAN, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-166C (Judge Miller)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 30 day enlargement of time, to and including June 13, 2007, within which to file a response to the complaint. May 14, 2007. The response to the complaint is currently due This is defendant's first request for an Plaintiff's counsel has stated that he does

enlargement of time.

not oppose this motion for enlargement of time. Defendant has sent to the Department of the Army("Army") a copy of the complaint with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1 Defendant's counsel has not yet received the litigation

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a written statement

1

Case 1:07-cv-00166-CCM

Document 5

Filed 04/26/2007

Page 2 of 4

report, and has been informed that the Army will be unable to generate such a report in time to respond to the complaint by the current deadline because it has not yet received Mr. Dolan's underlying Army records. The additional time is necessary to

allow sufficient time for counsel for the Corps to obtain the necessary records and complete the litigation report and for counsel of record to review the litigation report and prepare the Government's response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time by 30 days, to and including June 13, 2007, within which to file a response to the complaint.

of all facts, information, and proofs."

28 U.S.C. § 520.

Case 1:07-cv-00166-CCM

Document 5

Filed 04/26/2007

Page 3 of 4

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Bryant G. Snee BRYANT G. SNEE Deputy Director s/A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 616-5824 Fax: (202) 514-8624 April 26, 2007 Attorneys for Defendant

Case 1:07-cv-00166-CCM

Document 5

Filed 04/26/2007

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 26th day of April, 2007, a copy of the foregoing "UNOPPOSED MOTION FOR 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. the Court's system. Parties may access this filing through

s/ A. Bondurant Eley A. BONDURANT ELEY