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

Case 1:06-cv-00360-LMB

Document 52

Filed 10/30/2007

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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-four calendar days, to and including January 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 November 1, 2007. This is defendant's fourth request for an enlargement of this deadline.

Case 1:06-cv-00360-LMB

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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 are engaged in settlement discussions, in an effort to resolve plaintiff's EAJA claims and plaintiff's claims before the Government Accountability Office. The additional time requested is necessary to provide adequate time for counsel to determine if the parties may resolve this matter without the Court's further involvement. The Government has received some of the documentation that it requested from plaintiff, but is currently awaiting some additional documentation from plaintiff regarding its claims. These documents have been delayed due to an illness in the family of the individual that is to provide the plaintiff with the documents. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

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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] October 30, 2007 Attorneys for Defendant

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Case 1:06-cv-00360-LMB

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CERTIFICATE OF FILING I hereby certify that on this 30th day of October, 2007, 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