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

Case 1:06-cv-00101-FMA

Document 6

Filed 03/31/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JAY CASHMAN, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-101C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 59 days, to and including June 9, 2006, within which to file its response to plaintiff's complaint. Defendant's response This is defendant's

currently is due to be filed April 11, 2004.

first request for an enlargement of time for this purpose. Counsel for plaintiff has informed us that plaintiff does not oppose our request for an enlargement of time for this purpose. Upon receipt of the complaint, defendant promptly sent a copy to the United States Army Corps of Engineers District, New York ("the Corps"), with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1 Counsel for the Corps has informed counsel for defendant

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a

1

Case 1:06-cv-00101-FMA

Document 6

Filed 03/31/2006

Page 2 of 4

that additional time is necessary for him to gather and review information necessary for preparation of the agency's litigation report and suggested response to the complaint. The requested enlargement of time is required so that agency counsel may have sufficient time to obtain from Corps employees the relevant information and documentation needed to prepare the requested litigation report and suggested response to the complaint, and to prepare and deliver to defendant's counsel the litigation report and suggested response to the complaint. Once

the litigation report is received, additional time is necessary so that defendant's counsel may have a sufficient opportunity to review the litigation report and suggested response to the complaint, obtain any additional information or clarification from the Corps, and prepare and file the Government's response to the complaint. For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time.

written statement of all facts, information, and proofs." U.S.C. § 520. -2-

28

Case 1:06-cv-00101-FMA

Document 6

Filed 03/31/2006

Page 3 of 4

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St., N.W. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

OF COUNSEL: DONALD HARRIS Office of Counsel U.S. Army Engineer District New York, New York

March 31, 2006

-3-

Case 1:06-cv-00101-FMA

Document 6

Filed 03/31/2006

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on March 31, 2006, 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 Court's system. s/ David B. Stinson DAVID B. STINSON Parties may access this filing through