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

Case 1:07-cv-00143-MMS

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Filed 04/27/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SKANSKA USA BUILDING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-143C (Judge Firestone)

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 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

enlargement of time. Plaintiff's counsel has represented that plaintiff does not oppose this motion, but has expressed a strong preference that the parties' upcoming telephonic conference with ADR Judge Horn, currently scheduled for 3:00 p.m. on May 9, 2007, not be cancelled should the Court grant defendant's motion for an enlargement of time to respond to the complaint. Although it is

clear that defendant will not have a complete litigation report or a complete set of the relevant documents by May 9, defendant has no opposition to discussing the possibility of ADR with Judge Horn at least preliminarily at that time. Defendant has sent to the Army Corps of Engineers ("Corps")

Case 1:07-cv-00143-MMS

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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 been informed that the Corps

will require additional time to complete the litigation report. We rely upon agency counsel to prepare a litigation report pursuant to section 502 concerning the case so that we may properly respond to actions filed against the United States. Once agency counsel completes the litigation report, we must review it and respond to plaintiff's complaint accordingly. As a

result, additional time is needed so that counsel may adequately respond 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 6, 2007, within which to file a response to the complaint.

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 of all facts, information, and proofs." 28 U.S.C. § 520.

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Case 1:07-cv-00143-MMS

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. 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 27, 2007 Attorneys for Defendant

Case 1:07-cv-00143-MMS

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CERTIFICATE OF FILING I hereby certify that on this 27th 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