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

Case 1:05-cv-01060-CCM

Document 5

Filed 11/30/2005

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No. 05­1060 T Honorable Christine O.C. Miller ______________________________________________________________________________ ______________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JOHN G. BERG, Plaintiff, v. THE UNITED STATES, Defendant. __________________ MOTION FOR ENLARGEMENT OF TIME __________________

Pursuant to RCFC 6(b), defendant respectfully moves the Court for a 30-day enlargement of time from December 12, 2005, to and including January 11, 2006, in which to file a response to the complaint. This is the first request by defendant for this purpose. Plaintiff's attorney has indicated that he will not object to the allowance of this motion. In support of this motion, defendant states as follows: 1. Plaintiff filed the complaint in this case on October 3, 2005. Pursuant to 28 U.S.C. Section 520, the United States Department of Justice requested the views of the Internal Revenue Service with respect to this matter. Personnel of the Internal Revenue Service have been assembling the "administrative file" with respect to this action. To date, defendant's attorney has not received the administrative file. The administrative file is essential to the preparation of a meaningful response to plaintiff's complaint. Additional time is needed for the IRS to -1-

Case 1:05-cv-01060-CCM

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Filed 11/30/2005

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assemble and forward the administrative file to the Department of Justice and for defendant's attorney to review the file and prepare an appropriate response to the complaint. 2. Defendant's attorney is scheduled to attend training at the National Advocacy Center in Columbia, South Carolina, from December 5th until December 15th and will be unable to prepare a response during that time. Accordingly, defendant requests that the Court allow the requested enlargement of time. Respectfully submitted,

November 30, 2005 Date

s/ Jacob Christensen JACOB E. CHRISTENSEN 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 Voice: (202) 307-0878 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section

November 30, 2005 Date

s/ David Gustafson Of Counsel

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Case 1:05-cv-01060-CCM

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CERTIFICATE OF SERVICE I certify that service of the foregoing document has been made on plaintiff this ____ day of November, 2005, by mailing a copy thereof, in a postage prepaid envelope, to the following address:

William J. Hughes, Jr. Cooper Levenson April Nieldelman & Wagenheim, PA 1125 Atlantic Avenue, 3rd Floor Atlantic City, New Jersey 08401

____________________________________ U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, DC 20044 (202) 307-6440