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

Case 1:06-cv-00295-MMS

Document 6

Filed 06/01/2006

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 UNOPPOSED 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 30 day enlargement of time, to and including July 13, 2006, within which to file a response to the complaint. The response to the complaint is currently due on June 13, 2006. This is defendant's first request for enlargement for this purpose. Plaintiff's counsel has represented that he does not oppose the motion. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the Department of Homeland Security. See 28 U.S.C. § 520(b). On May 30, 2006, counsel for the agency informed the undersigned counsel that he did not receive a copy of the complaint in this case until May 26, 2006, and that he would not be able to complete the litigation report prior to June 13, 2006, because he was scheduled to be on annual leave from May 31, 2006 to June 19, 2006. The additional time requested is necessary to allow agency counsel sufficient time to complete the litigation report and for the undersigned counsel to prepare a response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time of 30 days, to and including July 13, 2006, within which to file a response to the complaint.

Case 1:06-cv-00295-MMS

Document 6

Filed 06/01/2006

Page 2 of 2

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 June 1, 2006