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

Case 1:05-cv-01043-VJW

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Filed 04/21/2006

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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 31 days, to and including May 26, 2006, within which to respond to the complaint. presently due on April 25, 2006. Our response is

This is our first request for Plaintiffs' counsel has

an enlargement of time for this purpose.

been contacted and does not oppose this request for an enlargement of time. Upon being assigned this case, counsel promptly requested, pursuant to 28 U.S.C. § 520, that the United States Postal Service provide him with a litigation report. However, delays in

the assignment of agency counsel have resulted in only a portion of the litigation report being completed thus far, with another portion expected to be received soon. Defendant's counsel will

require additional time to study the litigation report and its supporting documentation, including previous litigation activity spanning three years in the United States District Court for the District of Puerto Rico, to consult with agency counsel and other Government attorneys, and to determine the most appropriate

Case 1:05-cv-01043-VJW

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Filed 04/21/2006

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response to the complaint.

Defendant's counsel is also in the

process of preparing for oral argument scheduled for May 3, 2006, in Freedom NY v. Defense, No. 05-1500 (Fed. Cir.). For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time. 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) 307-1011 Fax: (202) 514-8624 Attorneys for Defendant April 21, 2006

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Case 1:05-cv-01043-VJW

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CERTIFICATE OF FILING

I hereby certify that on this 21st day of April 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