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

Case 1:02-cv-00796-FMA

Document 23

Filed 11/19/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-796C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests an enlargement of time for 14 business days, to and including December 15, 2003, within which to respond to plaintiff's partial motion for summary judgment. The Government's response currently is due on November 24, 2003. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has conferred with plaintiffs' counsel who has stated that plaintiffs will not oppose this motion. This request is necessitated by the fact that several of the key agency personnel with whom defendant's counsel needs to confer regarding the Government's response to plaintiff's pleading are unavailable until Monday, November 24, 2003. In addition, due to the length of time that has passed since the conclusion of the discovery in plaintiff's earlier filed suit, agency counsel has informed defendant's counsel that the agency has been unable to locate all of its files regarding the contract at issue in this case and is currently seeking those documents from archived records. Without the ability to confer with those agency personnel whose statements upon which plaintiff is relying, and without the ability for the agency to be able to consult its files in the matter, defendant's counsel will require additional time to formulate the Government's

Case 1:02-cv-00796-FMA

Document 23

Filed 11/19/2003

Page 2 of 2

position and, subsequently, to obtain supervisory review. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time for 14 business days, to and including December 15, 2003, to respond to plaintiff's partial motion for summary judgment. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Brian M. Simkin by s/Robert E. Kirschman BRIAN M. SIMKIN Assistant Director s/ Brent M. McBurney BRENT M. McBURNEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, Room 12074 Washington, D.C. 20530 Tel: (202) 307-0277 Fax: (202) 514-8624 November 19, 2003 Attorneys for Defendant

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