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

Case 1:06-cv-00231-EJD

Document 23

Filed 11/22/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ ) EDWARD GRINNELL ) ) Plaintiff, ) ) v. ) 06-231 C ) (Chief Judge Damich) THE UNITED STATES, ) ) Defendant. ) ______________________________________ ) DEFENDANT'S MOTION FOR LEAVE TO FILE AN OUT OF TIME FIFTH UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests that the Court grant its motion for leave to file an out of time motion for an enlargement of time of 14 days, to and including December 5, 2006, within which to file its response to plaintiff's complaint. Defendant's response was due to be filed on November 21, 2006. This is defendant's fifth request for an enlargement of time for this purpose. Defendant has contacted plaintiff's counsel, who has indicated that plaintiff does not oppose this request. The Government seeks this enlargement because the parties have reached an agreement to settle this case, but require more time to draft a settlement agreement, which will potentially result in the voluntary dismissal of this matter. Counsel for the agency has been out of the office for the last two weeks, and we have been unable to make progress on the terms of the settlement agreement. We anticipate that an enlargement of 14 days within which to respond will allow us to complete the settlement process, or, if need be, prepare a response to Mr. Grinnell's complaint. Our failure to file this motion for an enlargement of time yesterday was the result of an oversight by Government counsel; if we determine that 14 days is insufficient to complete the settlement process, we will timely file a motion to enlarge.

Case 1:06-cv-00231-EJD

Document 23

Filed 11/22/2006

Page 2 of 3

For the foregoing reasons, we respectfully request that our motion be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7573 Fax: (202) 514-8624 November 22, 2006 Attorneys for Defendant

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Case 1:06-cv-00231-EJD

Document 23

Filed 11/22/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 22nd day of November, 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE AN OUT OF TIME FIFTH UNOPPOSED 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. The parties may access this filing through the Court's system.

s/ Sean B. McNamara