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

Case 1:06-cv-00232-LMB

Document 34

Filed 08/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Filed: August 24, 2007 **************************************** * SYSTEMS DEVELOPMENT * CORPORATION, * Plaintiff, * * v. * * UNITED STATES, * Defendant, * * ****************************************

Case No. 06-232C (Judge Baskir)

PLAINTIFF'S MOTION FOR EXTENSION OF TIME, OUT OF TIME Comes now the Plaintiff, Systems Development Corporation, pursuant to Rule 6.1 and Rule 6(b)(2) of the Rules of the United States Court of Federal Claims, and prays this Honorable Court to extend the time for the Plaintiff to file its Response to the Defendant's most recent submissions in the above styled action. In support of this motion, the Plaintiff would show unto the Court as follows: 1. The Defendant's Motion to Dismiss, or Alternatively for Summary Judgment was filed on July 23, 2007. 2. The current deadline for the filing of the Plaintiff's Response to said motion was August 20, 2007. 3. Plaintiff has filed two (2) previous motions to extend time in this matter, and one (1) motion to file out of time. 4. Joan M. Stentiford, Counsel for the Defendant has been informed of the Plaintiff's intent to file this Motion, and has indicated that she does not object to its contents or prayer. 5. The Plaintiff states as cause for this motion that the emergency circumstances surrounding Plaintiff's counsel's involvement in case number CV-07-C-1455-NE in the U.S. District Court for the Northern District of Alabama have demanded the great majority of counsel's time and effort in recent weeks, and have prevented him from having an adequate opportunity to finalize and review his intended submissions in this action. 6. Further, the Plaintiff states that it had previously obtained the consent of the Defendant's counsel to extend the deadline referenced in paragraph 2 above, but through

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Case 1:06-cv-00232-LMB

Document 34

Filed 08/24/2007

Page 2 of 2

inadvertence and excusable neglect failed to file its Motion For Extension of Time due to the heightened resources which Plaintiffs counsel was forced to exert in regard to the aforementioned litigation. WHEREFORE, the premises considered, the Plaintiff prays this Honorable Court to extend the present deadline for the filing of the Plaintiff's Response to the Defendant's motion by eleven (11) days, thereby establishing a new deadline of August 31, 2007. This Motion is respectfully submitted on this the 24th day of August, 2007.

/s/ Howell Roger Riggs_________________ Howell Roger Riggs Attorney for the Plaintiff 200 Clinton Avenue West AmSouth Center, Suite 1050 Huntsville, Alabama 35801 CERTIFICATE OF SERVICE I hereby certify that on the 24th day of August, 2007, I caused a copy of the foregoing motion to be served on the following parties via electronic mail, and by placing the same in the U.S. Mail, properly addressed and postage prepaid: Joan M. Stentiford Attorney for the Defendant Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 616-0341 Fax: (202) 514-8624

/s/ Howell Roger Riggs_______________________ Howell Roger Riggs

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