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

Case 1:06-cv-00157-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS YATES INTERNATIONAL, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-157C (Judge Allegra)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME, UPON BEHALF OF BOTH PARTIES Pursuant to Rule 6.1 of the Rules of this Court, defendant respectfully requests an enlargement of time, upon behalf of both parties, of 31 calendar days, to and including November 13, 2006, within which to file the joint preliminary status report in this case. The parties' joint preliminary status report currently is This is either party's

due to be filed on October 13, 2006.

first request for an enlargement of time for this purpose. Counsel for defendant has contacted counsel for plaintiff regarding this motion, and he has stated that plaintiff concurs in this motion. The additional time is necessary because counsel for the parties have not had sufficient time within which to prepare and file the joint preliminary status report. Specifically, in the

last few weeks, counsel for defendant has been responsible for the following: prepare and file defendant's pre-trial filings in Thomas Patton v. United States, No. 01-161C (Fed. Cl.), on September 21, 2006; participate in a pre-trial conference in Patton on September 28, and October 5, 2006; meet with and

Case 1:06-cv-00157-FMA

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prepare Government witnesses for trial in Patton; and prepare and file respondent's motion to dismiss in Rosalia A. Flores v. Secretary of Veterans Affairs, No. 2006-7198 (Fed. Cir.), on October 2, 2006. Additionally, counsel for defendant will be

participating in a trial in Patton from October 16-20, 2006. Thus, the additional time is necessary within which to prepare and file the joint preliminary status report. We expect that an

additional 31 calendar days will provide sufficient time for this purpose. For the foregoing reason, we respectfully request that our motion for an enlargement of time, upon behalf of both parties, be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director

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s/ Lauren S. Moore LAUREN S. MOORE Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-0333 Fax: (202) 514-8640 Attorneys for Defendant OCTOBER 10, 2006

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on the 11th day of OCTOBER, 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME, UPON BEHALF OF BOTH PARTIES" 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, and that the parties may access this filing through the Court's system. /s/ Lauren S. Moore