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

Case 1:05-cv-01209-LMB

Document 7

Filed 01/12/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC., Plaintiff, v. THE UNITED STATES, Defendant. DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO THE COMPLAINT Defendant, the United States, moves pursuant to Rule 6(b), Rules of the Court of Federal Claims, for an enlargement of time to respond to Plaintiff's complaint. Specifically, the Government requests that its time to respond be enlarged fifty-nine (59) days from January 17, 2006, the date now set for responding, to and including March 17, 2006. This is the Government's first motion for enlargement of its time to respond to the complaint. By telephone conference on January 11, 2006, Anthony J. Biller, counsel for Plaintiff Jennings Transmission Service, advised Ken Barrett, counsel for the Government, that Plaintiff will not oppose the requested enlargement. This is a suit pursuant to 28 U.S.C. § 1498(a) by Jennings Transmission Service to recover reasonable compensation for the alleged use of certain replacement transmission kits for right-hand drive postal vehicles. -1The No. 05-1209 C Judge Lawrence M. Baskir

Case 1:05-cv-01209-LMB

Document 7

Filed 01/12/2006

Page 2 of 3

complaint alleges that "purchasing, installing, and using these transmission kits" infringes one or more claims of United States Patent No. 6,085,609. Compl. ¶ 9. The time originally allotted for responding to the complaint has been inadequate to properly investigate the allegations. More time is needed to complete Defendant's investigation of the procurement and use of the accused replacement transmission kits. This is a complex patent case that involves multiple suppliers. Counsel for the Government needs the requested extra time in order to properly identify each of the pertinent contracts and to find and confer with knowledgeable agency personnel and the suppliers to determine what products and methods were used or manufactured for the Government. Absences due to the holidays and year-end vacations have further complicated counsel's ability to obtain the necessary information.

-2-

Case 1:05-cv-01209-LMB

Document 7

Filed 01/12/2006

Page 3 of 3

For the above-reasons, the Government respectfully requests that this motion be granted, and the time to respond to Plaintiff's complaint be extended to and including March 17, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director

January 12, 2006

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

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

-3-