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

Case 1:06-cv-00296-FMA

Document 9

Filed 06/13/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ARKO EXECUTIVE SERVICES, INC., ) ) Plaintiff, ) ) v. ) No. 06-0296C ) (Judge Allegra) UNITED STATES, ) ) Defendant. ) ____________________________________)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENTS OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests enlargements of time of three business days within which to respond to plaintiff's complaint and within which to file the joint preliminary status report ("JPSR"). The Government's response is currently due on June 13, 2006 and the JPSR is currently due on June 16, 2006. The extensions would bring the date for responding to the complaint to June 16, 2006 and the date for the parties to file the JPSR to June 21, 2006. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff, ARKO Executive Services, Inc. ("ARKO") has indicated that ARKO is not opposed to this motion. The requested enlargement of time is necessary because agency counsel has been out of the office from approximately May 24, 2006 through June 12, 2006, making it impossible for defendant's counsel to resolve any issues in the preparation of an answer during that time period. In addition, given the Government's request for an enlargement of time for the answer, counsel for ARKO requested that the Government seek an enlargement of the date for filing the JPSR to enable ARKO to review the answer prior to the preparation, completion, and filing of the JPSR.

Case 1:06-cv-00296-FMA

Document 9

Filed 06/13/2006

Page 2 of 2

For these reasons, defendant respectfully requests that the Court grant defendant's motion for an enlargement of time of three business days within which to file its answer and within which to file the JPSR, through and including June 16, 2006 for the answer, and June 21, 2006 for the JPSR. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 305-7643 June 13, 2006 Attorneys for Defendant