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

Case 1:06-cv-00381-TCW

Document 12

Filed 01/12/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS TODD CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-381C (Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 21 days, to and including February 5, 2007, within which to file our motion for summary judgment. Our motion for summary judgment is now due to be filed on January 15, 2007. This is defendant's first request for an enlargement of time for this purpose. Defendant has communicated with plaintiff's counsel, who does not oppose this motion. Defendant's counsel has begun preparing our motion for summary judgment but requires more time to complete a draft. In addition to scheduled annual leave, defendant's counsel has been engaged in preparation for oral argument in Waller v. Army, 06-1327 (Fed. Cir.), which occurred on January 11, 2007. Defendant's counsel's time and resources have also been occupied in replying to an application for attorneys fees pursuant to the Equal Access to Justice Act in United States v. Universal Fruits, 04-431 (C.I.T.), which is due on January 25, 2007. Once defendant's counsel has completed a draft motion for summary judgment, defendant will require time to receive comments on the draft from the agency, and to obtain necessary supervisory review. For these reasons, defendant respectfully requests that the Court grant its motion for a 21day enlargement of time within which to file its motion for summary judgment.

Case 1:06-cv-00381-TCW

Document 12

Filed 01/12/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 305-7573 Fax: (202) 514-8624 January 12, 2007 Attorneys for Defendant

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Case 1:06-cv-00381-TCW

Document 12

Filed 01/12/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 12th day of January, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. The parties may access this filing through the Court's system.

s/ Sean B. McNamara