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

Case 1:06-cv-00113-MBH

Document 12

Filed 08/25/2006

Page 1 of 3

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 FOR THE PARTIES TO FILE JOINT STIPULATION OF FACTS Pursuant to United States Court of Federal Claims Rule 6.1, defendant respectfully requests an enlargement of time of 18 days, from August 25, 2006, through and including September 12, 2006, for the parties to file their joint stipulation of facts. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel does not oppose this motion. The

This action arises from a Navy construction contract. parties have worked diligently upon the proposed stipulated facts.

Each side has prepared a draft of its proposed facts.

Plaintiff's counsel has forwarded its proposed facts to the Government. We are reviewing plaintiff's facts to see if they Once this review

can be reconciled with the Government's facts.

is completed, we will forward a proposed revised statement of facts to plaintiff's counsel. We intend to incorporate any of

plaintiff's facts with which we are in agreement, as well as our own facts, in the revised statement.

Case 1:06-cv-00113-MBH

Document 12

Filed 08/25/2006

Page 2 of 3

In addition, we have been advised that plaintiff's counsel of record is out of his office for approximately the next two weeks, although we expect to work with another attorney in his office during that time. However, we are advised that

plaintiff's counsel of record will want to review the joint stipulations before they are filed. CONCLUSION For the foregoing reasons, defendant, the United States, respectfully requests that this Court grant an enlargement of time, through and including September 12, 2006, for the parties to file their joint stipulations of facts. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director 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 August 25, 2006 2

Case 1:06-cv-00113-MBH

Document 12

Filed 08/25/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 25th day of August 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME FOR THE PARTIES TO FILE JOINT STIPULATION OF FACTS" 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

3