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

Case 1:06-cv-00218-MCW

Document 7

Filed 06/08/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

GOVERNMENT PENSION INVESTMENT FUND, Plaintiff, v. UNITED STATES, Defendant.

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No. 06-218 T Judge Mary Ellen Coster Williams

__________ DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant hereby moves for an enlargement of 30 days, from June 15, 2006, to and including July 15, 2006, within which to file its response to the complaint. This is the second such enlargement requested, the first having been granted for a period of 30 days. As reason for its request, defendant states that, as noted in our first motion for enlargement, defendant's counsel's wife received an organ transplant on May 16, 2006. Defendant's counsel has been on family leave, caring for his wife, and at this time the date of his return to the office is indefinite. He hopes to be able to return to the office, and to prepare the response to the complaint, within the 30-day period requested herein. In addition, we have not yet received the Internal Revenue Service's administrative files or defense recommendation

Case 1:06-cv-00218-MCW

Document 7

Filed 06/08/2006

Page 2 of 2

addressing the issues presented in the complaint. We have been notified by the attorney assigned to the case in the Service's Office of the Chief Counsel that the defense recommendation is being prepared and is expected to be forwarded to the Tax Division within the 30-day period requested herein. Counsel for plaintiff has authorized defendant to inform the Court that plaintiff has no objection to the granting of defendant's motion. WHEREFORE, defendant prays that the Court grant its motion for an enlargement of 30 days through July 15, 2006, within which to respond to the complaint. Respectfully submitted,

s/George L. Squires GEORGE L. SQUIRES Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6587 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section MARY M. ABATE Assistant Chief, Court of Federal Claims Section

s/Mary M. Abate _______________________________________ Of Counsel June 8, 2006