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

Case 1:07-cv-00160-EGB

Document 5

Filed 05/01/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS J.O.A. CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-160C (Judge Bruggink)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 31 days, to and including June 11, 2007, within which to file its answer or other responsive pleading. Defendant's response to the complaint is presently due on May 11, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant has attempted to contact plaintiff's counsel by telephone and e-mail but has not been able to speak with him. This motion is necessary to enable counsel to prepare adequately the Government's response given the nature of this case, as well as counsel's other responsibilities. The contract that is the subject of the dispute is complex and has many discrete parts, and the Government is presently gathering the necessary information to properly answer the complaint and, possibly, assert a counterclaim. Moreover, Government counsel is required to prepare for and conduct oral argument before the United States Court of Appeals for the Federal Circuit in Larry J. Nelson v. R. James Nicholson, Sec'y of Veterans Affairs, Fed. Cir. No. 2006-7314, on May 7, 2007. Additionally, Government counsel will be out of the office on official travel from May 13 through May 17, 2007. Accordingly, the Government requires additional time to complete its response to plaintiff's complaint.

Case 1:07-cv-00160-EGB

Document 5

Filed 05/01/2007

Page 2 of 3

For these reasons, defendant respectfully requests that the Court grant its motion for a 31day enlargement of time within which to file its answer or other responsive pleading. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. 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 May 1, 2007 Attorneys for Defendant

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Case 1:07-cv-00160-EGB

Document 5

Filed 05/01/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 1st day of May, 2007, a copy of the foregoing "DEFENDANT'S 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. The parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo