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

Case 1:06-cv-00295-MMS

Document 7

Filed 07/10/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAKELAND PARTNERS, L.L.C., d/b/a/ LAKELAND NURSING HOME, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-295C (Chief Judge Damich)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 29-day enlargement of time, to and including August 11, 2006, within which to file a response to the complaint. The response to the complaint is currently due on July 13, 2006. This is defendant's second request for enlargement for this purpose. Defendant's counsel called plaintiff's counsel and left a voicemail message regarding this motion, but as of filing, was unable to obtain plaintiff's position on this motion. The enlargement is requested because the undersigned counsel of record for defendant received a litigation report from the interested agency, the Department of Homeland Security on June 30, 2006. Based upon information contained in the litigation report, the Government intends to file a motion to dismiss for lack of jurisdiction and/or failure to state a claim upon which relief can be granted. The undersigned counsel, however, does not have sufficient time to draft and file the Government's motion prior to July 13, 2006, because she is currently busy representing the Government in Advanced Systems Development, Inc. v. United States, Fed. Cl. No. 06-484C. In that bid protest, which was filed on June 26, 2006, the undersigned counsel was required to file the administrative record on June 30, 2006, and file the Government's opposition

Case 1:06-cv-00295-MMS

Document 7

Filed 07/10/2006

Page 2 of 2

to plaintiff's motion for preliminary injunction on July 6, 2006. A hearing in that protest is currently scheduled for July 17, 2006 and may be re-scheduled to July 12, 2006, pending the Court's determination of plaintiff's motion to reschedule the hearing. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time of 29 days, to and including August 11, 2006, within which to file the Government's motion to dismiss or a response to the complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director

s/ Nancy M. Kim NANCY M. KIM Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0546 Fax: (202) 514-8640 Attorneys for Defendant July 10, 2006