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

Case 1:06-cv-00232-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SYSTEMS DEVELOPMENT CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-232C (Judge Baskir)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims (RCFC), defendant United States respectfully requests a fifty-nine (59) day enlargement of time, to and including July 21, 2006, to file a response to the complaint. Our response is currently due on May 23, 2006. This is defendant's first request for an enlargement for this purpose. On May 9, 2006, counsel for defendant spoke with Howell Roger Riggs, counsel for the plaintiff, who indicated he does not oppose this motion. Upon being assigned responsibility for this matter, defendant's counsel promptly forwarded a copy of the complaint to the Army. Counsel was first able to speak to the agency counsel on May 8, 2006. The agency has advised us that it will be unable to provide counsel with the statutorily required litigation report in sufficient time for counsel to prepare a response to the complaint by the current due date. The procurement and

Case 1:06-cv-00232-LMB

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administration files regarding this contract are in storage and the Department of the Army will require time to locate, retrieve, and review the files. This enlargement is necessary to ensure adequate time for the agency to prepare a litigation report, as well as adequate time for counsel to prepare a thorough response, and to obtain the necessary supervisory review of the Government's response. For the foregoing reasons, defendant respectfully requests the Court to grant this motion for enlargement of time of fifty-nine (59) days, to and including, July 21, 2006, within which to file a response to the plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

DONALD E. KINNER Assistant Director

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/s/ Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 Tele: (202) 616-0341 Fax: (202) 514-8624 May 18, 2006 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this _18_th day of May, 2006, I caused to be delivered copies of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME", 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/ Joan M. Stentiford JOAN M. STENTIFORD