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

Case 1:06-cv-00360-LMB

Document 54

Filed 01/04/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

210 EARLL, L.L.C.,

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

No. 06-360C (Judge Baskir)

DEFENDANT'S UNOPPOSED 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 sixty calendar days, to and including March 4, 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 January 4, 2008. This is defendant's fifth request for an enlargement of this deadline.

Case 1:06-cv-00360-LMB

Document 54

Filed 01/04/2008

Page 2 of 4

Counsel for the United States has contacted counsel for the plaintiff, who represented that he agrees to this extension. Undersigned counsel of record, counsel for the General Services Administration, and counsel for plaintiff have engaged in settlement discussions, in an effort to resolve plaintiff's EAJA claims and plaintiff's claims before the Government Accountability Office. The parties have reached an agreement in principal, and believe that this matter may be resolved without further Court involvement. Nevertheless, the Government requires additional time to receive the necessary authorization to settle this matter. Assuming that such authorization is received, the parties will need to draft a settlement agreement, and move to dismiss the EAJA claims remaining before this Court. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted,

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

-2-

Case 1:06-cv-00360-LMB

Document 54

Filed 01/04/2008

Page 3 of 4

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] January 4, 2008 Attorneys for Defendant

-3-

Case 1:06-cv-00360-LMB

Document 54

Filed 01/04/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 4th day of January, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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