Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-01041-TCW

Document 15

Filed 04/11/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PARKER HANNIFIN CORPORATION, ) ) Plaintiff, ) ) No. 05-1041 T v. ) The Honorable Thomas C. Wheeler ) THE UNITED STATES, ) ) Defendant. )

MOTION FOR ENLARGEMENT OF TIME

Defendant, the United States, respectfully moves the Court for an enlargement of time of 30 days, from April 12, 2006, to and including May 12, 2006, within which to file its reply in support of its motion to dismiss. This is the first enlargement requested for this purpose. As good cause therefor, defendant states as follows: The basis of our motion to dismiss was that plaintiff had failed timely to file an administrative claim for refund. Whether plaintiff in fact timely filed an appropriate claim depends, in part, on interpretation of records of the Internal Revenue Service which record assessments, payments, credits and the like for the years here in issue. Plaintiff's opposition asserts that proper interpretation of those records shows the filing of a timely claim. Employees of the Internal Revenue Service, familiar with such matters, are currently in the process of reviewing the records, and plaintiff's interpretation of them, in order to advise defendant's attorneys regarding a proper response. The time requested herein is necessary for them to

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Case 1:05-cv-01041-TCW

Document 15

Filed 04/11/2006

Page 2 of 2

complete their work, and for defendant's attorneys to prepare the Government's reply, based on that information. 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

April 11, 2006

s/ David Gustafson Of Counsel

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