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

Case 1:06-cv-00226-EGB

Document 11

Filed 02/28/2007

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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 30-day enlargement of time, to and including March 30, 2007, to file a response to the complaint. Our response is currently due on February 28, 2007.

This is defendant's seventh 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 have agreed to the terms of a settlement agreement but require additional time to execute the settlement agreement and process the settlement payment. Once the settlement agreement is

executed and the settlement amount paid, the parties plan to file a joint stipulation of dismissal without prejudice. For these reasons, defendant respectfully requests that the

Case 1:06-cv-00226-EGB

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Filed 02/28/2007

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Court grant its unopposed motion for an enlargement of time to respond to plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting 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) 616-2279 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 February 28, 2007 Attorneys for Defendant

Case 1:06-cv-00226-EGB

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Filed 02/28/2007

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CERTIFICATE OF SERVICE I hereby certify that on February 28, 2007, 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