Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:06-cv-00095-BAF

Document 7

Filed 06/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WHITAKER CONTRACTORS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-95C (Judge Futey)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that the Court enlarge by seven days, to and including June 13, 2006, the time within which it may respond to the plaintiff's complaint. Defendant's response is currently due on June 6, 2006. This is the Government's second request for an enlargement of time, having previously been granted an enlargement of 60 days. Counsel for plaintiff is apparently in the middle of a trial and has not responded to electronic and telephone messages seeking his consent to this enlargement. The Government has prepared a draft response to the plaintiff's complaint, which is being reviewed. However, despite attempts on Thursday and Friday of last week, as well as Monday and Tuesday of this week to contact agency counsel, undersigned counsel has not been able to consult with agency counsel regarding the final version of the response that is under consideration. In order to insure the accuracy of the Government's response, defendant's counsel believes that it is important to have the agency's review of the response prior to filing. The additional time requested will permit defendant's counsel adequate time to contact agency counsel to seek his opinion of our response prior to filing it with the Court. We expect that the Government will be able to file its response by June 13, 2006.

Case 1:06-cv-00095-BAF

Document 7

Filed 06/06/2006

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Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by seven days, from June 6, 2006 to and including June 13, 2006, the due date for the defendant's response.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 June 6, 2006 Attorneys for Defendant

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Case 1:06-cv-00095-BAF

Document 7

Filed 06/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 6th day of June, 2006, a copy of the foregoing DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt