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

Case 1:06-cv-00351-ECH

Document 5

Filed 06/21/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 06-351 T (Judge Emily C. Hewitt) GISELE C. FISHER., Plaintiff, v.

THE UNITED STATES, Defendant ______________ MOTION FOR ENLARGEMENT OF TIME ______________ Pursuant to RCFC 6.1, defendant, the United States, hereby moves for a 30-day enlargement of time, from July 3, 2006, through August 2, 2006, within which to answer or otherwise respond to the complaint filed in this case. This is the first enlargement of time defendant has requested for this purpose. Counsel for plaintiff advised defendant's counsel on June 21, 2006, that he has no objection to the allowance of this motion. As good cause for this motion, defendant states that the Internal Revenue Service has not yet provided the Tax Division, Department of Justice, with the administrative files associated with the plaintiff's claim for refund or its recommendation regarding a response to plaintiff's complaint. The Department of Justice needs to receive these items and consider them before preparing an answer or other response to plaintiff's complaint.

1770350.11

Case 1:06-cv-00351-ECH

Document 5

Filed 06/21/2006

Page 2 of 2

WHEREFORE, the defendant prays that this Court grant this unopposed motion for enlargement of time to answer or otherwise respond to plaintiff's complaint.

Respectfully submitted,

s/Robert J. Higgins ROBERT J. HIGGINS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Washington, D.C. 20044 (202) 307-6580 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief Court of Federal Claims Section s/Mary M. Abate Of Counsel

June 21, 2006