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

Case 1:06-cv-00386-RHH

Document 5

Filed 07/10/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EA INDUSTRIES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) No. 06-386C ) (Judge Hodges, Jr.) ) ) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 49-day enlargement of time, to and including August 28, 2006, within which to file its response to the complaint. Our response is currently due on June 10, 2006. This is defendant's first request for an enlargement of time for this purpose. Defendant left a telephone voice mail message for plaintiff's counsel, Mr. Marc Lamer, to ascertain if he concurs with our request for an enlargement of time. He responded that he does not object to our request. The enlargement is requested for the purpose of allowing the parties to conduct settlement negotiations. The additional time may provide the parties the opportunity to resolve this matter without the need of any final determination made by this Court. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time.

Case 1:06-cv-00386-RHH

Document 5

Filed 07/10/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

/s/ Donald E. Kinner DONALD E. KINNER Assistant Director

/s/ Elizabeth Thomas ELIZABETH THOMAS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 tel: (202) 353-4175 fax: (202) 307-0972 July 10, 2006 Attorneys for Defendant

Case 1:06-cv-00386-RHH

Document 5

Filed 07/10/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 10, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that the notice of filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/Elizabeth Thomas