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

Case 1:06-cv-00226-EGB

Document 10

Filed 01/29/2007

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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 February 28, 2007, to file a response to the complaint. Our response is currently due on January 29, 2007.

This is defendant's sixth 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 very close to a settlement agreement. 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 three of the claims presented in plaintiff's complaint. Furthermore, the

parties need additional time to agree upon the terms of the

Case 1:06-cv-00226-EGB

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Filed 01/29/2007

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settlement agreement. 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) 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 January 29, 2007 Attorneys for Defendant

Case 1:06-cv-00226-EGB

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Filed 01/29/2007

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CERTIFICATE OF SERVICE I hereby certify that on January 29, 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