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

Case 1:06-cv-00432-LSM

Document 21

Filed 03/16/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONTINENTAL AIRLINES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-432C (Senior Judge Margolis)

DEFENDANT'S THIRD UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6 and 6.1 of the Court's Rules ("RCFC"), defendant, the United States, respectfully and reluctantly requests the Court to further enlarge the deadline for our opposition to plaintiff's motion for partial summary judgment (and reply in support of our motion to dismiss) by three business days, from March 16 to March 21, 2007. This is our third request to enlarge this deadline. The Court previously granted motions to enlarge the deadline by a total of 21 calendar days. Adam P. Feinberg, counsel for plaintiff, Continental Airlines, Inc., states that Continental does not oppose this motion. We regret the need for a third enlargement and will file our opposition and reply earlier than March 21, if possible. Undersigned counsel for defendant has completed a draft of the Government's brief, but requires some additional time for final revisions, consultation with the affected agencies, and supervisory review. In addition, despite the diligent efforts of counsel from the Department of Homeland Security and the Department of Agriculture, some additional time is needed to obtain executed declarations and assemble our other appendix documents, as well as to finalize our responses to plaintiff's proposed findings of uncontroverted fact. Within the past five days, undersigned counsel has been responsible for, in addition to this matter, among other things, filing an amended answer, a witness list, and a motion for

Case 1:06-cv-00432-LSM

Document 21

Filed 03/16/2007

Page 2 of 4

clarification in American Airlines, Inc. v. United States, Fed. Cl. No. 04-1736C; drafting an opposition to a petition for a writ of certiorari in Night Vision Corp. v. United States, U.S. Sup. Ct. No. 06-1156; participating in a panel discussion at the 2007 Appropriations Law Forum, convened on March 15 by the Government Accountability Office; analyzing and disseminating within the Government the opinion granting judgment for defendant in Huntleigh USA Corp. v. United States, __ Fed. Cl. __ (Mar. 15, 2007); and negotiating and filing a joint status report in United Medical Supply Co. v. United States, Fed. Cl. No. 03-289C, in anticipation of a status conference on discovery issues to be held in Dallas, Texas, on March 22. Under the circumstances, the requested enlargement is reasonable and should cause no undue delay. We will expect no further enlargements of time for these filings. CONCLUSION Accordingly, we respectfully request the Court to further enlarge the deadline for our opposition to plaintiff's motion for partial summary judgment, and our reply in support of our motion to dismiss, by three business days, from March 16 to and including March 21, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Jeanne E. Davidson by Donald E. Kinner JEANNE E. DAVIDSON Director

2

Case 1:06-cv-00432-LSM

Document 21

Filed 03/16/2007

Page 3 of 4

s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0476 Fax: (202) 305-7644 Attorneys for Defendant March 16, 2007

3

Case 1:06-cv-00432-LSM

Document 21

Filed 03/16/2007

Page 4 of 4

CERTIFICATE OF FILING I certify that on March 16, 2007, the attached was filed electronically. I understand that service is complete upon filing and that parties and others may access the filing through the Court's system. s/Kyle Chadwick

4