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


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Case 1:05-cv-01058-FMA

Document 7

Filed 12/01/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1058C (Judge Allegra)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 days, to and including January 31, 2006, within which to file its response to plaintiff's complaint. Defendant's response to This is

plaintiff's complaint currently is due December 2, 2005.

defendant's first request for an enlargement of time for this purpose. On December 1, 2005, defendant's counsel left a voice As of the

mail for plaintiff's counsel regarding this motion.

time of this filing, defendant's counsel is unable to state whether plaintiff opposes this motion. Plaintiff filed its complaint on October 3, 2005. Upon

receipt of the complaint, defendant promptly sent a copy to the United States Postal Service ("USPS") with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1 However, USPS counsel has

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the

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informed us that it requires additional time to prepare the requested litigation report. Once the litigation report is received, additional time is necessary so that defendant's counsel may have a sufficient opportunity to review the litigation report and suggested response to the complaint, obtain any additional information or clarification from USPS, and prepare and file the Government's response to the complaint. For these reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a written statement of all facts, information, and proofs." 28 U.S.C. § 520. -2-

Case 1:05-cv-01058-FMA

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s/ BRIAN M. SIMKIN BRIAN M. SIMKIN Assistant Director

s/ PAUL R. WELLONS PAUL R. WELLONS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 616-8253 Fax: (202) 307-0972 December 1, 2005 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on December 1, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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. the Court's system. Parties may access this filing through

s/ PAUL R. WELLONS