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

Case 1:06-cv-00099-LB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS, CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-99C (Judge Block)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 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 10, 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 Defense Contract Management Agency ("DCMA") with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520. Counsel for DCMA has

informed counsel for defendant 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 DCMA employees, including the contracting officer, relevant information

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concerning the nature of plaintiff's claimed costs.

Agency

counsel anticipates that he will be required to travel to Baltimore, Maryland, in the near future to meet with the contracting officer prior as part of his efforts to gather additional information. Agency counsel also is in the process of

obtaining information from the Defense Contract Audit Agency ("DCAA") auditors relevant to DCAA's audit of plaintiff's claimed costs. In addition, agency counsel recently has been involved in conducting discovery, including the defending of depositions, in BAE Systems Land-Armaments, LP, ASBCA Nos. 54431-32, 55337. Also, agency counsel is in the process of preparing additional pleadings to be filed in that ASBCA appeal, and is conducting fact-finding necessary for preparation of those pleadings. Agency counsel also currently is involved in preparing responses to extensive discovery served upon the Government in Northrop Grumman Systems, ASBCA Nos. 55061-62. Accordingly, he has not

yet had sufficient time within which to turn his complete attention to this matter. Once agency counsel completes the litigation report and agency's suggested response to the complaint, 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

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clarification from DCMA, 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. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK 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: GREGORY T. ALLEN Trial Attorney Defense Contract Management Agency Manassas, Virginia

March 31, 2006

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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