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

Case 1:06-cv-00448-GWM

Document 7

Filed 08/04/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MICHAEL KAWA, ESQ., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-448C (Judge George W. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 14-day enlargement of time, to and including August 21, 2006, within which to file a response to the complaint. The response to the complaint is currently due on August 7, 2006. This is defendant's first request for enlargement for this purpose. Plaintiff's counsel has represented that he does not oppose the motion. The enlargement is requested because the Government intends to file a motion to dismiss pursuant to RCFC 12(b)(1) and (6) for lack of subject matter jurisdiction and/or failure to state a claim upon which relief can be granted. The undersigned counsel of record for defendant needs additional time to draft the Government's motion because she was busy representing the United States in an expedited bid protest, Advanced Systems Development Inc. v. United States, Fed. Cl. No. 06-484, from June 26, 2006 to July 17, 2006, and was busy drafting the Government's appellate brief in Messick v. United States, Fed. Cir. No. 06-5087, which is due on August 4, 2006. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time of 14 days, to and including August 21, 2006, within which to

Case 1:06-cv-00448-GWM

Document 7

Filed 08/04/2006

Page 2 of 2

file a response to the complaint or a motion to dismiss. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Franklin E. White FRANKLIN E. WHITE, JR. Associate Director

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant August 4, 2006