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

Case 1:06-cv-00360-LMB

Document 58

Filed 04/03/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant, ) and ) ) 4041 CENTRAL PLAZA, L.L.C., ) ) Intervenor-Defendant. )

210 EARLL, L.L.C.,

No. 06-360C (Judge Baskir)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of thirty calendar days, to and including May 3, 2008, in which to file its response to plaintiff's motion for attorney fees, pursuant to the Equal Access to Justice Act ("EAJA"). Defendant's response is presently due on April 3, 2008. This is defendant's seventh request for an enlargement of this deadline. Counsel for the United States has attempted to contact counsel for

Case 1:06-cv-00360-LMB

Document 58

Filed 04/03/2008

Page 2 of 4

the plaintiff, but has not received a response yet regarding this extension. Undersigned counsel of record, counsel for the General Services Administration, and counsel for plaintiff engaged in settlement discussions, in an effort to resolve plaintiff's EAJA claims and plaintiff's claims before the Government Accountability Office. The parties recently reached agreement, and have drafted a settlement agreement, which has been approved and is in the process of being signed by the parties. As part of the settlement, plaintiff will withdraw its EAJA claim remaining before this Court. The Government notes that it is filing this motion on the date that its response is due, because we had believed that the settlement agreement would have been signed by both parties and implemented by this date, and because we hoped to provide the Court with plaintiff's position on this motion. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time.

-2-

Case 1:06-cv-00360-LMB

Document 58

Filed 04/03/2008

Page 3 of 4

Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

/s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

/s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] April 3, 2008 Attorneys for Defendant

-3-

Case 1:06-cv-00360-LMB

Document 58

Filed 04/03/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 3rd day of March, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT" 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. Parties may access this filing through the Court's system.

/s/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice