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

Case 1:05-cv-01182-CCM

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Filed 12/29/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AEC SERVICES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1182C (Judge Christine O.C. Miller)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of 45 days through and until February 23, 2006, to file its response to plaintiff's complaint. due on January 9, 2006. Our response is presently

This is our first request for an Defendant's counsel has

enlargement of time for this purpose.

discussed this motion with opposing counsel as required by RCFC 6.1. Plaintiff's counsel opposes this request for an

enlargement.1 Defendant's counsel was assigned to this matter and first received a copy of the complaint on December 2, 2005. She

promptly requested that the interested agency, the Department of Veterans Affairs, provide her with a litigation report pursuant

Plaintiff's counsel has stated that he does not oppose an enlargement of time of 30 days, but will oppose additional days. Defendant's counsel explained that counsel for the agency has stated she will need more than 30 days to investigate the allegations contained within the complaint and prepare a litigation report, and that without that report, defendant possesses no information related to the facts and legal issues involved in the case.

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Case 1:05-cv-01182-CCM

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to 28 U.S.C. § 520.

However, agency counsel was not assigned As a result, agency counsel requires

until December 22, 2005.

additional time to investigate the allegations contained within the complaint and prepare a litigation report. In addition, the

Federal holidays are impacting agency counsel's ability to gather information from agency officials, including the contracting officer. Upon receipt of the litigation report, defendant's

counsel will require time to study it and determine the most appropriate response to the complaint. Therefore, we anticipate

that an additional 45 days will be required to prepare our response. For the foregoing reasons, defendant respectfully requests that the Court enter an order enlarging the time to respond to plaintiff's complaint through and until February 23, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s James M. Kinsella for Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

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/s Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 307-0972 December 29, 2005 Attorneys for Defendant

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 29th day of December, 2005, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand

that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. access this filing through the Court's system. Parties may

/s Allison Kidd-Miller