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

Case 1:06-cv-00396-MCW

Document 47

Filed 05/25/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS L-3 COMMUNICATIONS INTEGRATED ) SYSTEMS, L.P., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant, ) ) and ) ) LOCKHEED MARTIN AERONAUTICS ) COMPANY, ) ) Intervenor. )

No. 06-396C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests, pursuant to Rule 6(a) of the Rules of the Court of Federal Claims ("RCFC"), upon behalf of both the United States and intervenor Lockheed Martin Aeronautics Company ("Lockheed"), that the Court grant an enlargement of time of 18 days from May 7, 2007 to May 25, 2007, for defendant and intervenor Lockheed to prepare and file their reply briefs to plaintiffs' opposition to defendant's and intervenors' motions to dismiss the amended complaint. The reply briefs of defendant and intervenor Lockheed are due May 7, 2007, and this is our first request for an enlargement of time for this purpose. Defendant's counsel has discussed this

motion with both counsel for Lockheed and counsel for plaintiff, and is authorized to state that plaintiff does not oppose this motion for enlargement of time.

Case 1:06-cv-00396-MCW

Document 47

Filed 05/25/2007

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Defendant has begun preparation of its reply brief, but requires an 18 day enlargement of time to complete preparation of the brief and for review by attorneys at the Department of Justice and the Air Force. Agency counsel Bryan O'Boyle is on

leave for the period April 27, 2007 through May 7, 2007. Further, defendant's counsel had to prepare and file by April 27, 2007, the Government's motion for additional relief and its response to plaintiff's request for clarification and defendant's reply to plaintiff's response to the Government's three motions filed following the Court's January 26, 2007 decision in Morse Diesel Int'l v. United States, Fed. Cl. No. 99-279 and consolidated cases. Defendant's counsel also must prepare and

file the Government's brief in Carlsen v. United States, Fed. Cir. No. 2007-5011, due May 14, 2007, and the Government's brief on damages in Morse Diesel Int'l v. United States, Fed. Cl. No. 99-279 and consolidated cases, due May 18, 2007. Accordingly, defendant respectfully requests, upon behalf of intervenor Lockheed Martin and the Government, that the Court grant this unopposed motion for a 18-day enlargement of time to May 25, 2007, for defendant and intervenor Lockheed to prepare and file their reply briefs to plaintiffs' opposition to defendant's and intervenors' motions to dismiss the amended complaint.

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Case 1:06-cv-00396-MCW

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Filed 05/25/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

s/Domenique Kirchner DOMENIQUE KIRCHNER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 Tele: (202) 307-1111 Attorneys for Defendant Of Counsel: BRYAN R. O'BOYLE Senior Trial Attorney Department of Air Force Arlington, VA Brian O'Boyle Air Force May 1, 2007

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