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

Case 1:07-cv-00076-LMB

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Filed 07/31/2007

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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)

JOINT MOTION FOR AN ENLARGEMENT OF TIME The parties respectfully request an enlargement of time of 45 days, to and including September 17, 2007, within which to file the Joint Preliminary Status Report ("JPSR"). The JPSR is now due to be filed on August 2, 2007. This is the parties' first request for an enlargement of time for this purpose. The parties seek this enlargement because counsel for the plaintiff will be traveling overseas during the following three weeks, and counsel for the Government will also be on annual leave for several days during August. Moreover, the parties have held discussions regarding settlement and would like to continue to explore the possibility of settling this case before we file the JPSR. If settlement is approved by the parties, the parties will then negotiate

Case 1:07-cv-00076-LMB

Document 13

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and draft a settlement agreement. An enlargement of 45 days within which to file the JPSR will allow us to continue to pursue settling this matter, or, if need be, to prepare the JPSR. For the foregoing reasons, we respectfully request that our motion be granted. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

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

July 31, 2007

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Case 1:07-cv-00076-LMB

Document 13

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CERTIFICATE OF FILING I hereby certify that on this 31st day of July 2007, 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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