Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:06-cv-00432-LSM

Document 17

Filed 02/15/2007

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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 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6 and 6.1 of the Court's Rules ("RCFC"), defendant, the United States, respectfully requests the Court to enlarge the deadline for our opposition to plaintiff's motion for partial summary judgment (and reply in support of our motion to dismiss) by 21 days, from February 16 to and including March 9, 2007. This is our first request to enlarge this deadline. Adam P. Feinberg, counsel for plaintiff, Continental Airlines, Inc., states that Continental does not oppose this motion. We seek this enlargement, among other reasons, because all of the Government counsel working on this case are also involved in American Airlines, Inc. v. United States, No. 041736C, before Judge Braden, in which, pursuant to an expedited schedule, (i) plaintiff served its expert damages report on February 1, 2006; (ii) defendant's motion requesting leave to conduct specific discovery concerning damages is due on February 15; and (iii) defendant's expert disclosures concerning damages are due on March 15. (Likewise, Mr. Feinberg represents plaintiff in American.) Additionally, the preparation of our response to Continental's summary judgment motion in this matter has been complicated somewhat by the fact that several of the Government auditors who were involved in the audits of Continental that are at issue here have

Case 1:06-cv-00432-LSM

Document 17

Filed 02/15/2007

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moved to other positions or have retired. Under these circumstances, the requested enlargement is reasonable and should cause no prejudice or undue delay. CONCLUSION Accordingly, we respectfully request the Court to 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 21 days, from February 16 to and including March 9, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Jeanne E. Davidson by Donald E. Kinner JEANNE E. DAVIDSON Acting Director

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 February 15, 2007

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Case 1:06-cv-00432-LSM

Document 17

Filed 02/15/2007

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CERTIFICATE OF FILING I certify that on February 15, 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

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