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

Case 1:05-cv-01030-LSM

Document 6

Filed 11/18/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HIGHMARK, INC., SUCCESSOR IN INTEREST TO PENNSYLVANIA BLUE SHIELD AND SUBSIDIARIES Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-1030 T Judge Margolis

MOTION FOR ENLARGEMENT OF TIME

Defendant, the United States of America, respectfully moves the Court for an enlargement of time of sixty days, from November 25, 2005, to and including January 24, 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 an overpayment of federal corporate income tax. In responding to tax refund suits, defendant's attorneys must rely on information provided by the Office of the Chief Counsel, Internal Revenue Service. Upon receiving plaintiff's complaint, defendant's attorneys immediately forwarded a copy to the Office of the Chief Counsel along with a request to assemble the necessary files and to provide the Chief Counsel's recommendations as to how the government should proceed. Defendant's attorneys have not yet received the requested materials and will not receive them in time to file

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1410362.1

Case 1:05-cv-01030-LSM

Document 6

Filed 11/18/2005

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an answer within the original sixty-day period provided by Rule 12 of the Rules of the United States Court of Federal Claims. According to representations made by the Chief Counsel's attorneys, the enlargement of time requested will be sufficient for them to finish assembling the necessary files and formulating their recommendations, while leaving enough time for defendant's attorneys to review the Chief Counsel's materials and draft a meaningful answer. 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/ Karen Servidea Karen Servidea 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) 616-3423 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section W.C. RAPP Senior Trial Attorney

November 18, 2005

/s W.C. Rapp Of Counsel

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