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

Case 1:05-cv-01209-LMB

Document 86

Filed 09/17/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC., Plaintiff, v. THE UNITED STATES, Defendant, No. 05-1209 C and Judge Lawrence M. Baskir JASPER ENGINES & TRANSMISSIONS, Third-Party Defendant, and READY BUILT DISTRIBUTORS, INC., Third-Party Defendant. DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO NOTIFY THE COURT WITH PROPOSED DATES FOR THE CLAIM CONSTRUCTION HEARING AND FOR AN ENLARGEMENT OF THE TIME FRAME FOR THE SCHEDULING OF THE HEARING Defendant, the United States, moves pursuant to Rule 6(b), Rules of the Court of Federal Claims, for an enlargement of time for the parties to propose dates for the tutorial and claim construction hearing. The Court's Order filed September 7, 2007, requires the parties to propose three dates for the hearing by September 17, 2007. Defendant requests that the time to propose the hearing dates be enlarged by one week to September 24,

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Case 1:05-cv-01209-LMB

Document 86

Filed 09/17/2007

Page 2 of 3

2007. This is the defendant's first motion for an enlargement of time for this purpose. Defendant also moves for an enlargement of the time frame in which to hold the hearing. Defendant requests that the Court's time frame of September 24 through October 19, 2007 (excluding October 9-12) be extended to November 16, 2007. Counsel for plaintiff Jennings Transmission Service of Goldsboro, Inc. and for third-party defendants Jasper Engines & Transmissions and Ready Built Distributors, Inc. have indicated that they will not oppose this motion. Counsel for the four parties have been unable to identify three agreeable dates for the tutorial and claim construction hearing within the Court's current time frame. In substantial part, this is because Government counsel has a trial in The Boeing Company v. United States, Court of Federal Claims No. 00-705, beginning on October 15, 2007. Therefore, the defendant respectfully requests that this motion be granted, and the time to propose such dates be enlarged to September 24, 2007, and that the Court extend the time frame for the tutorial and hearing until November 16, 2007.

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Case 1:05-cv-01209-LMB

Document 86

Filed 09/17/2007

Page 3 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director September 17, 2007 s/ Ken B. Barrett KEN B. BARRETT Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0343 Facsimile: (202) 307-0345 E-mail: [email protected] Attorneys for the United States

OF COUNSEL: GARY L. HAUSKEN Assistant Director Department of Justice

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