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

Case 1:07-cv-00120-NBF

Document 7

Filed 04/18/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ECKO ENTERPRISES, INC. and THE PHILANTHROPY GROUP, INC., Plaintiffs, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 07-120C ) (Judge Firestone) ) ) ) )

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 a 30-day enlargement of time, to and including May 23, 2007, to file a response to the complaint. Our response is currently due on April 23, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with Thomas S. Reavely, plaintiffs' counsel, about this enlargement of time, who stated that he does not oppose this enlargement. The enlargement is requested because the Government needs additional time to further consult with the agency and prepare an appropriate response to the complaint. Undersigned counsel of record for defendant received the litigation report required by 28 U.S.C. § 520 from agency on April 16, 2007. As a result of initial discussions between defendant's counsel and agency counsel, it became apparent that additional factual investigations and legal research would be required for the Government to prepare its response. The additional time is necessary for defendant's counsel to conduct this investigation and research, as well as draft an appropriate response to the complaint, incorporate comments of agency counsel, and obtain review of our response.

Case 1:07-cv-00120-NBF

Document 7

Filed 04/18/2007

Page 2 of 3

For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 30 days, to and including May 23, 2007, within which to file a response to the plaintiff's complaint. Respectfully submitted,

PETER D. KEISLER 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 April 18, 2007 Attorneys for Defendant

Case 1:07-cv-00120-NBF

Document 7

Filed 04/18/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 18th day of April, 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