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

Case 1:06-cv-00113-MBH

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Filed 10/13/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OAK ENVIRONMENTAL CONSULTANTS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-113C (Judge Horn)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT Pursuant to United States Court of Federal Claims Rule 6.1, defendant, the United States, respectfully requests an enlargement of time of five days, from October 13, 2006, through and including October 18, 2006, to file the Government's motion for summary judgment. We previously were granted a 17-day Plaintiff's counsel does

enlargement of time for this purpose. not oppose this motion.

This action arises from a Navy construction contract.

On

September 22, 2006, the parties' joint stipulation of facts and appendix were filed. The Government has worked diligently upon

its summary judgment motion and has prepared drafts of the motion, including citations to the joint stipulation of facts and joint appendix. However, additional work needs to be done before This includes submitting the

the motion is ready for filing.

motion for internal review and further review by agency counsel, making any changes required as a result, and preparing the motion for electronic filing.

Case 1:06-cv-00113-MBH

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In addition undersigned counsel of record is responsible for the numerous matters that have required or will require his attention, including, among others: (1) Hoh River Timber Co. v. United States, Fed. Cl. No. 06-418C (Government's response to complaint due on or before October 16, 2006); (2) Stone v. United States, Fed. Cir. No. 06-7069 (oral argument conducted October 3, 2006); (3) Hicks v. United States, Fed. Cl. No. 05-1058C (deposition conducted in St. Louis on October 5, 2006); and (4) China Processed Food Import & Export Co. v. United States, CIT No. 04-503 (Government's supplemental brief due October 19, 2006). An enlargement of time is requested to enable counsel to file a motion for summary judgment that thoroughly addresses the relevant issues and to enable him to meet his responsibilities in his other cases as well. CONCLUSION For the foregoing reasons, defendant, the United States, respectfully requests that this Court grant an enlargement of time, through and including October 18, 2006, to file defendant's motion for summary judgment. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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Case 1:06-cv-00113-MBH

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s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant October 13, 2006

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Case 1:06-cv-00113-MBH

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 13th day of October 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT" 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. Parties may access this filing through the Court's system. s/Richard P. Schroeder

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