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

Case 1:06-cv-00150-CCM

Document 5

Filed 04/25/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS VERIDYNE CORPORATON, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-150C (Judge Block)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 30 calendar days, to and including May 31, 2006, in which to respond to plaintiff's complaint. Defendant's response is presently due May 1, 2006. This is defendant's first request for an enlargement of time. Plaintiff's counsel has informed us that plaintiff does not oppose this motion. The additional time is requested so Government counsel can adequately prepare and file the Government's response to the complaint. Government counsel has requested a litigation report from the appropriate agency, which is the United States Maritime Administration. For various administrative reasons, agency counsel did not receive the request for the litigation report until approximately a month had passed after the complaint was filed. This delay has prevented agency counsel from being able to prepare the litigation report in a timely manner. Moreover, the undersigned will be appearing in a trial before this Court scheduled for the entire week of May 8, 2006, in the case of Brero Construction Co. v. United States, (No. 00-775, Judge Wheeler), substantially limiting his available time prior to that trial's conclusion. Accordingly, the additional time requested is necessary for Government counsel to adequately investigate the facts of this case and respond to the allegations in plaintiff's complaint.

Case 1:06-cv-00150-CCM

Document 5

Filed 04/25/2006

Page 2 of 2

For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7586 Attorneys for Defendant April 25, 2006