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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DENNIS W. JORDAN, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 06-96C (Judge Thomas C. Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests that the Court grant an enlargement of time of 21 days, to and including August 4, 2006, within which to respond to plaintiff's complaint. Defendant's response to We have

plaintiff's complaint is currently due on July 14, 2006.

contacted counsel for plaintiff and he does not oppose the motion for the primary reason stated below. We have previously been

granted two enlargements of time, totaling 95 days. During the present enlargement period, counsel for plaintiff indicated that, after we received from the Internal Revenue Service, the Federal agency involved in this matter, a litigation report and prior to filing our response to plaintiff's complaint, he would like to discuss plaintiff's case with the undersigned. Thereafter, the parties agreed to schedule a teleconference for July 20, 2006 to discuss plaintiff's complaint and whether this matter might be amenable to an amicable resolution. Accordingly,

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the parties are in agreement that they would prefer to discuss the merits of plaintiff's complaint prior to the filing of the Government's response. Additionally, the requested enlargement of time will enable the undersigned to obtain information that is referenced in the agency's litigation report, which the agency inadvertently sent to the Tax Division of the Department of Justice. On July 11,

2006, the undersigned counsel contacted the Tax Division and is presently awaiting the delivery of agency records, which relate to plaintiff's complaint. Accordingly, an enlargement of time

will allow the undersigned counsel additional time to obtain information referenced in the agency's litigation report prior to the parties' conference call, and additional time to review the case, coordinate our response with agency counsel, and to prepare the Government's response. Additionally, we bring to the Court's attention certain other matters that will impact counsel of record's work schedule during the time of the requested enlargement. In Benkin v.

United States, No. 06-153C, the undersigned expects to be filing a dispositive motion on July 17, 2006. In Distributed Solutions,

Inc. v. United States, No. 06-466, the undersigned expects to be involved in the expedited briefing of that bid protest during the remaining part of the month of July 2006. In Raytheon Co. v.

United States, No. 05-448 (Fed. Cl.), the undersigned is

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responsible for completing the Government's document production by July 14, 2006. For these reasons, defendant respectfully requests that the Court grant our unopposed motion for an enlargement of time of 21 days, to and including August 4, 2006, within which to file our response to plaintiff's complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Kent G. Huntington KENT G. HUNTINGTON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel.: (202) 305-7561 Fax: (202) 353-7988 July 13, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on July 13, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT" was filed electronically. I understand that notice of this 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/ Kent G. Huntington Kent G. Huntington