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

Case 1:05-cv-01042-CFL

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Filed 12/19/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DALLES IRRIGATION DISTRICT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1042C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 30-day enlargement of time, to and including January 26, 2006, within which to file a response to the complaint in the above-captioned matter. currently due on December 27, 2005. Our response is

This is our first request On December 16,

for an enlargement of time for this purpose.

2005, counsel for plaintiff indicated to defendant's counsel that plaintiff does not oppose this motion. We anticipate that a 30-day enlargement of time, to and including January 26, 2006, will provide the United States with sufficient time to prepare a response to plaintiff's complaint. The requested enlargement of time is necessary, in part, because of defendant's counsel's responsibilities in other cases. In

this Court, defendant's counsel must prepare defendant's motion to dismiss in Jeffrey D. Cottrell v. United States, Fed. Cl. No. 05-990C, due on December 29, 2005. In addition, defendant's

counsel must prepare defendant's motion for judgment upon the

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administrative record in Robert L. Loeh v. United States, Fed. Cl. No. 05-1208C, due on January 17, 2006. Defendant's counsel

must also participate in settlement negotiations and prepare a joint preliminary status report in Confederated Tribes of the Grand Ronde Community of Oregon v. United States, Fed. Cl. No. 03-2244C, due on January 5, 2006. In the United States Court of

Appeals for the Federal Circuit, defendant's counsel must prepare for oral argument upon behalf of defendant-appellant in Blue Dot Energy Company v. United States, Fed. Cir. No. 05-5058, scheduled on January 12, 2006. In addition, defendant's counsel must

prepare respondent's brief in Bennett S. Greenspan v. Department of Veterans Affairs, Fed. Cir. No. 05-3302, due on January 5, 2006. Moreover, defendant's counsel will be out of the office

for official travel from January 17, through January 20, 2006. We are mindful that the press of business is not, in and of itself, a basis for an enlargement of time. However, we

respectfully request a 30-day enlargement of time in this case in order to provide adequate time to review this case and respond to the complaint. On September 28, 2005, this matter was

transferred from the United States District Court for the District of Oregon to this Court. The case was not assigned to At this time, we are

defendant's counsel until December 7, 2005.

reviewing the documents of record recently provided by the United States Attorney's Office. An enlargement of 30 days will allow

defendant's counsel additional time to evaluate the relevant 2

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records, as well as allow defendant's counsel time to review the case, coordinate our response with the United States Department of the Interior, and obtain necessary internal review. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may respond to plaintiff's complaint by 30 days, to and including January 26, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/ FRANKLIN E. WHITE, JR. FRANKLIN E. WHITE, JR. Assistant Director S/ KELLY B. BLANK KELLY B. BLANK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel: (202) 353-7578 Fax: (202) 353-7988 December 19, 2005 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on December 19, 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/ KELLY B. BLANK