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

Case 1:07-cv-00076-LMB

Document 34

Filed 05/19/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MASS HAULING CORP. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-76C (Judge Baskir)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests an enlargement of time of 45 days, to and including July 2, 2008 within which the parties may file the Joint Preliminary Status Report ("JPSR"). The JPSR is now due to be filed on May 19, 2008. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel stated that the plaintiff concurs with the substance of this motion. The parties seek this enlargement because counsel for the Government is still awaiting a litigation report in response to plaintiff's amended complaint and because Government counsel will be traveling to Anchorage, Alaska on Wednesday May 22, 2008 for a trial in Kiewit Manson JV v. United States, Cl. No. 06-796C, that is set to begin on May 27, 2008 and scheduled to end on June 13, 2008.

Case 1:07-cv-00076-LMB

Document 34

Filed 05/19/2008

Page 2 of 3

The parties also seek an enlargement to accommodate the busy schedule of plaintiff's counsel. For these reasons, we respectfully request that our motion be granted. Respectfully submitted,

GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director /s Carlo Cellai Carlo Cellai, Esq. CELLAI LAW OFFICES, P.C. 355 Congress Street Suite 2B Boston, MA 02110 Tel: (617) 367-2199 Fax: (617)367-2075 Attorneys for the Plaintiff s/ David M. Hibey DAVID M. HIBEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

May 19, 2008

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Case 1:07-cv-00076-LMB

Document 34

Filed 05/19/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 19th day of May 2008, a copy of the foregoing "Joint 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/ David M. Hibey

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