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

Case 1:05-cv-01209-LMB

Document 69

Filed 07/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC. Plaintiff, v. THE UNITED STATES, Defendant, and JASPER ENGINES & TRANSMISSIONS Third-Party Defendant, and READY BUILT DISTRIBUTORS, INC., Third-Party Defendant. ____________________________________________________________ JENNINGS' MOTION FOR EXTENSION OF TIME TO RESPOND TO READY BUILT'S "ADDITIONAL RESPONSE" AND MOTION FOR PROTECTIVE ORDER ____________________________________________________________ Plaintiff Jennings Transmission Service of Goldsboro, Inc. ("Jennings") respectfully requests that the Court set August 2 as the deadline for Jennings to respond to Ready Built Distributors, Inc. Additional No. 05-1209 C Judge Lawrence M. Baskir

Case 1:05-cv-01209-LMB

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Response to Jennings Transmission Service of Goldsboro, Inc.'s Second Motion to Compel and Motion for Protective Order. In support of this motion, Jennings states as follows: 1. Jennings served its second motion to compel Ready Built on

June 13, 2007. Accordingly, Ready Built's response was due July 2, 2007. 2. On July 9, 2007, Ready Built served an "additional response" to

Jennings' motion and, combined with the response, a motion for protective order. 3. In the event the Court accepts Ready Built's tardy response,

Jennings' reply brief would be due July 23, 2007. If the "additional response" and motion is treated as a motion, Jennings' response brief would be due July 26, 2007. 4. Undersigned counsel for Jennings is out of the state and will not

return until July 25. This has left Jennings' counsel without sufficient time to draft a meaningful reply to Defendant's "additional response" and motion by July 23 or July 26. 5. This motion is made in good faith and is not intended to cause

undue delay.

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Case 1:05-cv-01209-LMB

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Plaintiff Jennings respectfully requests an extension of time to and including August 2, 2007 within which to respond to Ready Built's "additional response" and motion.

Respectfully submitted, this the 20th day of July, 2007. COATS & BENNETT, P.L.L.C. Attorneys for Plaintiff By: /s/ Anthony J. Biller Larry L. Coats N.C. State Bar No. 5,547 Anthony J. Biller N.C. State Bar No. 24,117 1400 Crescent Green, Suite 300 Cary, NC 27511 Telephone No.: (919) 854-1844 Facsimile No.: (919) 854-2084

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Case 1:05-cv-01209-LMB

Document 69

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CERTIFICATE OF SERVICE I certify that the foregoing JENNINGS' MOTION TO SET DEADLINE TO RESPOND TO READY BUILT'S "ADDITIONAL RESPONSE" AND MOTION FOR PROTECTIVE ORDER is being served electronically this 20th day of July, 2007 using the CM/ECF system which will send notification of such filing to the following email addresses: Ken B. Barrett, Esq. Commercial Litigation Branch Civil Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 [email protected] Attorney for Defendant United States James M. Hinshaw, Esq. Bingham McHale LLP 2700 Market Tower 10 West Market Street Indianapolis, Indiana 46204-4900 [email protected] Attorney for Defendant Jasper James S. Ward Ward & Wilson, LLC 2100 Southbridge Parkway, Suite 580 Birmingham, Alabama 35209 [email protected] Attorney for Defendant Ready Built By: /s/ Anthony J. Biller Anthony J. Biller Attorney for Plaintiff

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