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

Case 1:07-cv-00127-MMS

Document 7

Filed 06/11/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EDEN ISLE MARINA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 07-127 C ) (Judge Damich) ) ) )

DEFENDANT'S SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims (RCFC), defendant United States respectfully requests a ten day enlargement of time, to and including June 21, 2007, to file a response to the complaint. Our response is currently due on June 11, 2007. This is defendant's second request for an enlargement for this purpose. On June 8, 2007, counsel for defendant contacted Marian McMullan, counsel for the plaintiff, who indicated that plaintiff does not oppose this motion. As stated in our earlier motion, defendant's counsel has been working with counsel for the U.S. Army Corps of Engineers since shortly after being assigned the case. Counsel has been in frequent contact with agency counsel and has been working diligently with him to obtain the litigation report and other documents necessary to complete the answer. Unfortunately, agency counsel has recently been absent from work and therefore unavailable owing to a death in his family. Additionally, as we noted earlier, the lease documents relevant to this case are voluminous, and the complaint is lengthy and complex. This enlargement is necessary to ensure adequate time for the agency to complete a litigation report, as well as adequate time for defendant's counsel to prepare a thorough response,

Case 1:07-cv-00127-MMS

Document 7

Filed 06/11/2007

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and to obtain the necessary supervisory review of the Government's response. For the foregoing reasons, defendant respectfully requests the Court to grant this motion for a brief enlargement of time of ten days, to and including June 21, 2007, within which to file a response to the plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

MARK A. MELNICK Assistant Director

/s/ Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 Tele: (202) 616-0341 Fax: (202) 514-8624 June 11, 2007 Attorneys for Defendant

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Case 1:07-cv-00127-MMS

Document 7

Filed 06/11/2007

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this _11th day of June, 2007, 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. Parties may access this filing through the Court's system.

__/s/ Joan M. Stentiford JOAN M. STENTIFORD