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

Case 1:07-cv-00013-MCW

Document 7

Filed 04/04/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

) ) ) ) ) ) ) ) ) )

No. 07-13C (Judge Williams)

DEFENDANT'S SECOND 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 30-day enlargement of time, to and including May 11, 2007, to file a response to the complaint. Defendant's response is currently due on April 11, 2007. This is defendant's second 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 the parties have continued to engage in settlement discussions, and defendant would like to fully explore the possibility of settling this case before we file a response to plaintiff's complaint. Although the parties have not agreed to a settlement at this time, both parties are interested in continuing settlement discussions. An enlargement of 30 days within which to respond will allow us to continue to engage in settlement negotiations with plaintiff, or, if need be, prepare a response to plaintiff's complaint.

Case 1:07-cv-00013-MCW

Document 7

Filed 04/04/2007

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

April 4, 2007

-2-

Case 1:07-cv-00013-MCW

Document 7

Filed 04/04/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 4th day of April 2007, a copy of the foregoing "DEFENDANT'S SECOND 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