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

Case 1:05-cv-01071-SGB

Document 20

Filed 12/19/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1071 T (Judge Susan G. Braden) __________ DANIEL D. PIERCE AND HENDY J. LUND, Plaintiffs v. UNITED STATES, Defendant

__________ MOTION FOR EXTENSION OF TIME __________

Pursuant to RCFC 6(b), defendant, the United States, moves this Court for an enlargement of 7 days, from December 21, 2006, to and including, December 28, 2006, of the deadline for defendant to file its cross-motion for summary judgment and opposition to plaintiffs' motion for summary judgment. One prior enlargement of this deadline totaling 20 days has been granted. Defendant's counsel has contacted counsel for the plaintiffs who has indicated that the plaintiffs do not oppose this motion. As good cause therefor, the trial in Fenton Gingerich, et al. v. United States, Fed.Cl. No. 98-533, pending before Judge Lettow, took longer than anticipated so defendant's counsel did not have as much time as expected to complete the filings in this case. Further, defendant's counsel had to obtain some additional information from the IRS, which information will be 1

Case 1:05-cv-01071-SGB

Document 20

Filed 12/19/2006

Page 2 of 2

provided tomorrow. Defendant requests a brief enlargement to allow it time to complete its cross-motion for summary judgment. WHEREFORE, the defendant requests that the deadline for the defendant to file its crossmotion for summary judgment and opposition to the plaintiffs' motion for summary judgment be enlarged to December 28, 2006.

Respectfully submitted, s/Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record 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) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel December 19, 2006

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