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

Case 1:05-cv-01043-VJW

Document 17

Filed 08/03/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JORGE A. DELPIN-APONTE, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1043C (Judge Wolski)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant requests an enlargement of time of seven days, to and including August 10, 2006, within which to respond to the complaint. presently due on August 3, 2006. Our response is

This is our fourth request for Plaintiffs' counsel has

an enlargement of time for this purpose.

been contacted and has stated that he does not oppose this request for an enlargement of time, but that he would oppose any subsequent request for an enlargement of time for this purpose. A second draft response has been completed since our prior request for an enlargement of time. Despite counsel's

considerable effort to finalize the Government's dispositive motion by August 3, 2006, the complexity of the issues in this case requires additional time and effort to present the Court with a full, clear and concise presentation of the issues. To

permit completion of a final draft incorporating the views of other attorneys and counsel's reviewer, a relatively short additional enlargement of time of seven days is being requested.

Case 1:05-cv-01043-VJW

Document 17

Filed 08/03/2006

Page 2 of 3

For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time.1 Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0292 Fax: (202) 514-8624 Attorneys for Defendant August 3, 2006

Defendant's counsel regrets that he was not able to file this motion earlier, and sincerely apologizes to the Court and to plaintiffs' counsel for any inconvenience this may have caused. 2

1

Case 1:05-cv-01043-VJW

Document 17

Filed 08/03/2006

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on this 3rd day of August 2006, 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. through the Court's system. Parties may access this filing

s/ Jeffrey S. Pease