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

Case 1:06-cv-00155-MMS

Document 31

Filed 02/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS S&M MANAGEMENT INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-155C (Judge Sweeney)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of seven days, to and including February 22, 2008, within which to file the contract provisions requested by the Court in its February 7, 2008 order. Pursuant to the Court's order, the contract provisions are due on February 15, 2008. This is defendant's first request for an enlargement of time for this purpose. Defendant has contacted plaintiff's counsel, who has indicated that plaintiff does not oppose this request. This enlargement of time is necessary because counsel for the Government has apparently misfiled the contract documents requested by the Court, and he cannot now locate them. Accordingly, counsel has requested a copy of the contract from the agency. Because counsel did not know the documents had been misfiled, counsel did not realize that he would need more time until yesterday. Counsel immediately contacted the agency to request a copy of the documents. An enlargement of time of seven days should provide sufficient time for the Government to obtain and file the relevant portions of the contract. We apologize to the Court and to the plaintiff for any inconvenience.

Case 1:06-cv-00155-MMS

Document 31

Filed 02/15/2008

Page 2 of 3

For these reasons, defendant respectfully requests that the Court grant its unopposed motion for a seven-day enlargement of time within which to file the relevant contract provisions. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 305-7573 Fax: (202) 514-8624 February 15, 2008 Attorneys for Defendant

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Case 1:06-cv-00155-MMS

Document 31

Filed 02/15/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 15th day of February, 2008, 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 parties may access this filing through the Court's system.

s/ Sean B. McNamara