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

Case 1:07-cv-00067-RHH

Document 6

Filed 04/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BIOFUNCTION LLC, ) ) ) ) ) No. 07-0067 ) ) (Judge Hodges) ) ) )

Plaintiff, v. THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the United States Court of Federal Claims (RCFC), defendant, the United States, respectfully requests a twenty-one day enlargement of time, to and including May 4, 2007, to file a response to the complaint. Defendant's response currently is due on April 13, 2007. This is defendant's second request for an enlargement for this purpose, the Court having previously granted an enlargement of fourteen days. Defendant has consulted with counsel for the plaintiff and counsel for the plaintiff has represented that the plaintiff does not oppose this request for an enlargement of time. Defendant promptly sent to the involved agency, United States Postal Service ("USPS"), 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. Additional time is needed for the USPS to investigate the allegations made in the complaint and to prepare a litigation report and a suggested response to the complaint. Defendant's counsel will require additional time to study the litigation report, its supporting documentation, and the suggested response to the complaint, to consult with agency counsel and other Government attorneys, and to prepare and file the Government's response to the complaint, following mandatory supervisory review.

Case 1:07-cv-00067-RHH

Document 6

Filed 04/13/2007

Page 2 of 3

For the foregoing reasons, defendant respectfully requests that the Court grant this motion for enlargement of time of twenty-one days, to and including May 4, 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/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 307-0315 Fax: (202) 514-8624 April 13, 2007

Case 1:07-cv-00067-RHH

Document 6

Filed 04/13/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 13th day of April 2007, a copy of the foregoing "DEFENDANT'S 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 parties may access this filing through the Court's system.

s/ Robert C. Bigler