Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:07-cv-00145-TCW

Document 14

Filed 12/05/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STOUT ROAD ASSOCIATES, INC. t/a HILTON PHILADELPHIA CITY AVENUE, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 07-145C ) (Judge Wheeler) ) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an 18-day enlargement of time, to and including December 31, 2007, to file its reply brief in support of its motion for summary judgment. Our reply is currently due on December 13, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with plaintiff's counsel about this enlargement of time, who stated that he does not oppose this enlargement. The enlargement is requested because plaintiff has filed a cross motion for summary judgment in this matter, and defendant's response to plaintiff's motion is due December 31, 2007. Although the Court's October 9, 2007 Order stated that defendant may file its reply brief on or before December 13, 2007, in light of plaintiff's filing, and in the interest of efficiency, defendant intends to file one brief in this matter that will contain both its reply in support of its own motion for summary judgment, and its response to plaintiff's motion for summary judgment. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 18 days, to and including December 31, 2007, within which to file

Case 1:07-cv-00145-TCW

Document 14

Filed 12/05/2007

Page 2 of 3

a response to the plaintiff's complaint. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick______ MARK A. MELNICK Assistant Director /s/Carrie A. Dunsmore________ CARRIE A. DUNSMORE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 December 5 , 2007 Attorneys for Defendant

Case 1:07-cv-00145-TCW

Document 14

Filed 12/05/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 5th day of December, 2007, a copy of the Defendant's Unopposed 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. Parties may access this filing through the Court's system. /s/Carrie A. Dunsmore Carrie A. Dunsmore