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

Case 1:06-cv-00096-TCW

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Filed 06/09/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

) ) ) ) ) ) ) ) )

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 35 days, to and including July 14, 2006, within which to respond to plaintiff's complaint. Defendant's response to We have

plaintiff's complaint is currently due on June 9, 2006.

contacted counsel for plaintiff and, on June 9, 2006, he stated that his client is not opposed to this motion. We have

previously been granted one 60 day enlargement of time. Presently, the undersigned has not yet received from the Internal Revenue Service, the Federal agency involved in this matter, a litigation report, as required by 28 U.S.C. § 520, nor engaged in substantive discussions with agency counsel regarding the agency's proposed response to plaintiff's complaint. On June

7, 2006, agency counsel contacted the undersigned and requested that the undersigned seek an enlargement of time for the agency to complete its litigation report because the agency is still in

Case 1:06-cv-00096-TCW

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the process of assembling records relating to plaintiff's complaint. An enlargement of time of 35 days will allow agency

counsel additional time to assemble and evaluate relevant records maintained by the agency and allow defendant's counsel time to review the case, coordinate our response with agency counsel, and obtain necessary internal review. 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 AT&T Corp. v.

United States, No. 03-2258, the undersigned is responsible for completing a Government document production on June 15, 2006, and June 16, 2006. In General Motors Corp. v. United States, No. 00-

40 (Fed. Cl.), the undersigned expects to be on business travel throughout the week of June 26, 2006, for expert discovery. Additionally, during the weeks of June 12, 2006 and June 19, 2006, the undersigned will be on bid protest duty and expects to be assigned a Government procurement-related bid protest filed in this Court. Additionally, before the United States Court of Appeals for the Federal Circuit, the undersigned also is responsible for certain pending appeals, including: (1) Combs v. OPM, No. 06-3148 (Fed. Cir.), in which our response brief is due on June 12, 2006; (2) Momcilovic v. VA, No. 06-3023 (Fed. Cir.), in which our response brief is due on June 19, 2006; and (3) Crane v. Air Force, No. 06-3238 (Fed. Cir.), in which our response brief is due 21-days from the filing of petitioner's brief.

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Defendant respectfully requests that the Court grant our unopposed motion for an enlargement of time of 35 days, to and including July 14, 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 June 9, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on June 9, 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