Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:05-cv-01188-MBH

Document 7

Filed 01/20/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1188 T (JUDGE HORN) TEXTRON INC., Plaintiff v. THE UNITED STATES, Defendant

DEFENDANT'S MOTION FOR LEAVE TO FILE ITS ANSWER

Defendant respectfully requests leave to file electronically its answer to the complaint 2 days out of time. As good reason therefor, defendant states that it timely filed its answer in the traditional manner on January 9, 2006. However,

because the case was designated as an ECF case, the Court returned it to defendant's counsel by an Order dated January 11, 2006. its Order, the Court directed defendant to file the answer electronically on or before January 18, 2006. Unfortunately, In

defendant's counsel, through inadvertence, misplaced the Court's Order and failed to timely re-file the answer electronically. Defendant's counsel did not discover the oversight until after the filing date had passed. Once the oversight was discovered, the

answer was prepared immediately for electronic filing.

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Case 1:05-cv-01188-MBH

Document 7

Filed 01/20/2006

Page 2 of 2

Defendant's counsel apologizes to the Court for any inconvenience caused by the failure to timely file its answer and respectfully requests that this motion be allowed. Respectfully submitted, 1/20/2006 Date s/G. Robson Stewart G. ROBSON STEWART 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) 307-6493 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief 1/20/2006 Date s/Steven I. Frahm Of Counsel Attorneys for Defendant

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