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

Case 1:05-cv-01209-LMB

Document 66

Filed 06/25/2007

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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' UNOPPOSED MOTION FOR ENLARGMENT OF TIME TO RESPOND TO DISCOVERY REQUESTS ____________________________________________________________ Plaintiff Jennings Transmission Service of Goldsboro, Inc. ("Jennings") respectfully requests an extension of time within which to respond to Defendant United States' Requests for Production of Documents and Things to Plaintiff, Set No. 2 (RPD Nos. 41-44) and No. 05-1209 C Judge Lawrence M. Baskir

Case 1:05-cv-01209-LMB

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Interrogatories to Plaintiff, Set No. 2 (Interrog. Nos. 6-9) (hereinafter collectively "Discovery Requests"). In support of this motion, Jennings states as follows: 1. Defendant served its Discovery Requests to Jennings on May

24, 2006. Accordingly, Jennings' responses are due June 26, 2007. This date has not yet passed. 2. The Discovery Requests are fairly extensive and broad.

Jennings diligently initiated the initial steps to prepare responses. Jennings' counsel, however, has recently been occupied with taking and attending depositions related to this case as well as other cases. This, in conjunction with the related travel time and personal travel, has left Jennings' counsel without sufficient time to provide meaningful responses to Defendant's requests. 3. Jennings' counsel conferred with Defendant's counsel, Ken

Barrett, who agreed to a two week extension of time. 4. This motion is made in good faith and is not intended to cause

undue delay. Plaintiff Jennings respectfully requests an extension of time to and including July 10, 2007 within which to respond to Defendant's Discovery Requests and for all other relief appropriate under the circumstances.

Case 1:05-cv-01209-LMB

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Respectfully submitted, this the 25 th day of June, 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

Case 1:05-cv-01209-LMB

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CERTIFICATE OF SERVICE I certify that the foregoing JENNINGS' UNOPPOSED MOTION FOR ENLARGMENT OF TIME TO RESPOND TO DISCOVERY REQUESTS is being served electronically this 25 th day of June, 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