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

Case 1:06-cv-00226-EGB

Document 7

Filed 09/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ ) ) ) ) Plaintiff, ) ) v. ) No. 06-226C ) (Judge Bruggink) THE UNITED STATES, ) ) Defendant. ) ________________________________) AMERICAN CONTRACTORS INDEMNITY COMPANY, DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 62-day enlargement of time, to and including November 20, 2006, to file a response to the complaint. Our response is currently due on September 19, 2006.

This is defendant's third request for an enlargement of time for this purpose. Counsel for plaintiff has informed us that

plaintiff does not oppose our request for an enlargement of time for this purpose. We are seeking this enlargement of time because the parties are currently conducting settlement negotiations. believe they are very close to an agreement. Counsel

Settlement

negotiations have taken some additional time in this case because plaintiff's damages continue to accrue and the parties are attempting to agree upon a final settlement amount for each of the claims presented in plaintiff's complaint.

Case 1:06-cv-00226-EGB

Document 7

Filed 09/19/2006

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For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time to respond to plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/Dawn S. Conrad DAWN S. CONRAD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 OF COUNSEL: MARY F. WITHUM Trial Attorney U.S. Department of Transportation 400 7th Street, S.W. Washington, D.C. 20590 electronically filed September 19, 2006 Attorneys for Defendant

Case 1:06-cv-00226-EGB

Document 7

Filed 09/19/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 19, 2006, a copy of the foregoing "DEFENDANT'S 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 Court's system. Parties may access this filing through

s/Dawn S. Conrad