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

Case 1:05-cv-01226-LAS

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Filed 03/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 05-1226 T (Judge Loren A. Smith) SUSAN M. RHODE, Plaintiffs v. THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6.1, the United States respectfully moves for an enlargement of time of four days from March 6, 2006, to and including March 10, 2006, within which to file its answer or other response in the above-captioned case. This is the second enlargement of time requested for this purpose, the first enlargement having been allowed for a total of 45 days. In support of this motion, defendant states that the IRS has continued its search for the complete administrative file in this action. The IRS has forwarded to defendant's trial attorney its defense recommendation and the administrative files that have been located to date. Defendant has been authorized by the Internal Revenue Service ("IRS") to file a counterclaim in this action and the IRS has identified an employee who is believed to be knowledgeable about the facts relevant to the counterclaim. Defendant's trial attorney has contacted that person to

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Case 1:05-cv-01226-LAS

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obtain advice regarding the framing of the counterclaim. Defendant will prepare its answer and counterclaim based on the available information with the enlargement requested. Plaintiff's counsel has authorized us to state that plaintiff has no objection to the allowance of this motion. WHEREFORE, defendant requests that its motion be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-0840

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel

March 6, 2006

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CERTIFICATE OF SERVICE I certify that service of the foregoing Motion for Enlargement of Time has, this day of March 2006, been made on plaintiff by electronic filing and by mailing a copy thereof, in a postage prepaid envelope, to the following address: John P. James, Esquire 2000 IDS Center 80 South 8th Street Minneapolis, MN 55402

_____________________________ U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6440