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

Case 1:07-cv-00006-FMA

Document 7

Filed 03/01/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 07-6 T (Judge Francis M. Allegra)

PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES, Plaintiff v. THE UNITED STATES, Defendant ____________ DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT ____________

Defendant, the United States, respectfully moves the Court for an enlargement of time of 7 days from March 5, 2007, to and including March 12, 2007, within which to answer or otherwise respond to the complaint filed in this case. This is the first enlargement requested for this purpose. We are authorized to state that plaintiff consents to the granting of this motion. As reason for its request, defendant states the following. On February 28, 2007, defendant's counsel was notified that one box of Internal Revenue Service (IRS) files for this case, along with the defense recommendation from the IRS's Office of the Chief Counsel, was being shipped by express mail from St. Paul, Minnesota, on February 28; -12271551.1

Case 1:07-cv-00006-FMA

Document 7

Filed 03/01/2007

Page 2 of 2

and that one additional box of files had just been located and was to be shipped by express mail directly to defendant's counsel from the Service Center on March 1, 2007. As of the time of the filing of this motion, however, none of the referenced materials has been received. Assuming that they arrive at least by March 2, 2007, defendant's counsel will still need time to review the files and the defense recommendation before preparing the response to the complaint. Respectfully submitted,

March 1, 2007

s/ Mary M. Abate MARY M. ABATE Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6507 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

March 1, 2007

s/ Steven I. Frahm Of Counsel

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