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

Case 1:05-cv-01041-TCW

Document 6

Filed 11/23/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PARKER HANNIFIN CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) No. 05-1041 T ) The Honorable Lynn J. Bush ) ) ) )

MOTION FOR ENLARGEMENT OF TIME

Defendant, the United States, respectfully moves the Court for an enlargement of time of 60 days, from November 28, 2005, to and including January 27, 2006, within which to answer or otherwise respond to the complaint in the above-captioned case. This is the first enlargement requested for this purpose. As good cause therefor, defendant states as follows: This is a suit in which plaintiff alleges and seeks the refund of interest paid with respect to federal corporate income tax. Immediately upon receipt of the Complaint, defendant's attorneys forwarded a copy to the Office of Chief Counsel, Internal Revenue Service, along with a request to assemble the relevant files, and to prepare a written recommendation respecting the legal position which the Government should adopt. Defendant's attorneys have not yet received the relevant files, and will not receive them in time to accomplish timely filing of a response to the Complaint. Without the relevant administrative files, it is impossible to draft a meaningful response to the complaint. The time requested herein is therefore necessary for the Chief -1-

Case 1:05-cv-01041-TCW

Document 6

Filed 11/23/2005

Page 2 of 2

Counsel's attorneys to finish their work, and for defendant's attorneys to receive and review the files, and to draft a response to the Complaint. We are authorized to state that counsel for plaintiff has no objection to this motion. WHEREFORE, defendant prays its motion be granted.

Respectfully submitted,

s/ W. C. Rapp W. C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID D. GUSTAFSON Acting Chief, Court of Federal Claims Section

November 23, 2005

s/ David Gustafson Of Counsel

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