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

Case 1:05-cv-01226-LAS

Document 5

Filed 01/19/2006

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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 forty-five days from January 20, 2006, to and including March 6, 2006, within which to file its answer or other response in the above-captioned case. This is the first enlargement of time requested for this purpose. In support of this motion, defendant states that the IRS is continuing 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. However, the IRS is searching for additional administrative files which are necessary in order to prepare a meaningful response to the complaint. Defendant's trial attorney expects to receive the full administrative file and to respond to the complaint within the time requested.

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Case 1:05-cv-01226-LAS

Document 5

Filed 01/19/2006

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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 Of Counsel

January

19

, 2006

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Case 1:05-cv-01226-LAS

Document 5

Filed 01/19/2006

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CERTIFICATE OF SERVICE I certify that service of the foregoing Motion for Enlargement of Time has, this 19th day of January 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

s/Jennifer Dover Spriggs____________________ 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