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

Case 1:07-cv-00151-MBH

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Filed 04/25/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED STATES FIRE INSURANCE CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-151C (Judge Horn)

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 60 day enlargement of time, to and including July 6, 2007, within which to file a response to the complaint. May 7, 2007. The response to the complaint is currently due

This is defendant's first request for an Plaintiff's counsel has represented that

enlargement of time.

plaintiff does not oppose this motion. The enlargement is requested because the defendant's counsel of record has not yet received a litigation report from the Department of Veterans Affairs as required pursuant to 28 U.S.C. § 520(b). Defendant's counsel has been informed that the

Department will be unable to generate such a report in time to respond to the complaint by the current deadline as a result of difficulties in locating and compiling relevant files from several different locations, as well as the assignment of a contracting officer unfamiliar with the underlying facts of this case. The additional time is necessary to allow sufficient time

Case 1:07-cv-00151-MBH

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Filed 04/25/2007

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for counsel for the Department to 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 60 days, to and including July 6, 2007, within which to file a response to the complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Donald E. Kinner DONALD E. KINNER Assistant 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 25, 2007 Attorneys for Defendant

Case 1:07-cv-00151-MBH

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Filed 04/25/2007

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CERTIFICATE OF FILING I hereby certify that on this 25th day of April, 2007, a copy of the foregoing "MOTION FOR ENLARGEMENT OF TIME TO ANSWER 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. through the Court's system. Parties may access this filing

s/ A. Bondurant Eley A. BONDURANT ELEY