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

Case 1:06-cv-00101-FMA

Document 35

Filed 04/24/2008

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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 ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 4-day enlargement of time, to and including May 5, 2008, to file defendant's reply in support of defendant's cross-motion for summary judgment. Defendant's brief is currently due on May 1, 2008. This is defendant's first request for an enlargement for this purpose. Defendant has consulted with counsel for plaintiff, and plaintiff does not oppose this motion. Defendant requests this extension because, since receiving plaintiff's motion for partial summary judgment, counsel for defendant has been occupied with negotiating the terms of a proposed settlement in 13 consolidated cases in Grunley-Walsh, LLC v. United States, Fed. Cl. 06-721C. In addition, defendant requests this extension because counsel for defendant requires additional time for agency counsel and technical personnel at the Army Corps of Engineers to provide input and comments on defendant's draft reply brief. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for enlargement of time of 4 days, to and including May 5, 2008, within

Case 1:06-cv-00101-FMA

Document 35

Filed 04/24/2008

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which to file defendant's reply in support of defendant's cross-motion for summary judgment. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director OF COUNSEL: Donald M. Harris Counsel U.S. Army Engineer District New York

s/ Tara Kilfoyle TARA KILFOYLE Trial Attorney Commercial Litigation Branch Civil Division 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-1709 Fax: (202) 307-0972

April 24, 2008

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Case 1:06-cv-00101-FMA

Document 35

Filed 04/24/2008

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CERTIFICATE OF SERVICE I hereby certify that on April 24, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR 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. Parties may access this filing through the Court's system.

s/ Tara J. Kilfoyle TARA J. KILFOYLE