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

Case 1:06-cv-00116-NBF

Document 14

Filed 05/19/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA OREGON BROADCASTING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-116C Judge Firestone

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 22-day enlargement of time, to and including June 15, 2006, within which to file its response to the complaint. Our response is currently due on May 23, 2006. This is defendant's second request for an enlargement of time for this purpose. An enlargement of 35 days was previously granted by the Court. Defendant's counsel contacted plaintiff's counsel, who states that plaintiff opposes this motion. On May 15, 2006, plaintiff filed a motion for summary judgment on liability in this case. Defendant's response to plaintiff's motion is due on June 15, 2006. Defendant anticipates filing a motion to dismiss or, in the alternative, for summary judgment in lieu of an answer to the complaint. Accordingly, it would be in the interests of judicial economy and a conservation of both parties' resources to enlarge the deadline for filing defendant's response to the complaint to June 15, 2006 to allow the defendant to file a response to plaintiff's motion with a cross-motion all in one brief. Otherwise, defendant would file its own dispositive motion and two separate briefing schedules would be operating concurrently in this matter.

Case 1:06-cv-00116-NBF

Document 14

Filed 05/19/2006

Page 2 of 2

For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Mark A. Melnick by Donald E. Kinner MARK A. MELNICK Assistant Director OF COUNSEL: PAULA LEE Office of the Solicitor Pacific Southwest Region 1111 Jackson Street, Suite 735 Oakland, California 94607 s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 307-1011 fax: (202) 307-0972 Attorneys for Defendant

May 19, 2006

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