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

Case 1:07-cv-00013-MCW

Document 9

Filed 05/03/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 07-13C (Judge Williams)

DEFENDANT'S THIRD 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, the United States, respectfully requests a 31-day enlargement of time, to and including June 11, 2007, to file a response to the complaint. Defendant's response is currently due on May 11, 2007. This is defendant's third request for an enlargement for this purpose. Defendant has consulted with counsel for plaintiff and counsel for plaintiff has represented that plaintiff does not oppose this request for an enlargement of time. Defendant seeks this enlargement because defendant received a written settlement offer from plaintiff on April 9, 2007. Counsel for defendant has been reviewing the settlement proposal presented by plaintiff and has been seeking to obtain authority to accept the settlement from the authorized representative of the Attorney General. Counsel for defendant has not obtained authority to accept the settlement offer at this time. An enlargement of 31 days within which to file our answer will enable counsel for defendant to either obtain authority to accept the settlement offer, or if such authority is denied, prepare a response to plaintiff's complaint.

Case 1:07-cv-00013-MCW

Document 9

Filed 05/03/2007

Page 2 of 3

For the foregoing reasons, we respectfully request that our motion be granted.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director

s/ Tara Kilfoyle TARA KILFOYLE Trial Attorney Commercial Litigation Branch Civil Division 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-1709 Fax: (202) 307-0972

May 3, 2007

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Case 1:07-cv-00013-MCW

Document 9

Filed 05/03/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of May 2007, a copy of the foregoing "DEFENDANT'S THIRD 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/ Tara Kilfoyle