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

Case 1:05-cv-01030-LSM

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Filed 01/30/2007

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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

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT Defendant, the United States of America, with plaintiff's consent, respectfully moves the Court for an enlargement of time of fourteen days, from February 1, 2007, to and including February 15, 2007, within which to file a motion under Rule 56 of the Rules of the United States Court of Federal Claims. This is the first enlargement requested for this purpose. As good cause therefor, defendant states as follows: As noted in the Joint Preliminary Status Report, defendant intends to file a motion for summary judgment in this case. Defendant's attorneys have been preparing such motion over the past several months and are close to finishing it. If granted, defendant's summary judgment motion would dispose of all the issues in this case. Although defendant's attorneys have been working toward meeting the current February 1, 2007, deadline, finalization of the summary judgment motion has taken longer than anticipated, due, in part, to the intervening holiday season. It is now apparent that the motion will not be finished by February 1, 2007. The time requested will be sufficient for defendant's attorneys to complete the work necessary to finalize -12191440.1

Case 1:05-cv-01030-LSM

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Filed 01/30/2007

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the summary judgment motion. To ensure that the requested enlargement does not prejudice either party, defendant respectfully requests that the remainder of the dates set forth in the Court's January 4, 2007, Order, be adjusted by the same amount of time. If this motion is granted, the remainder of the schedule would be as follows: Event Defendant's RCFC 12(b) and 56 motion(s) Fact Discovery Plaintiff's Expert Report(s) Defendant's Expert Report(s) Plaintiff's Rebuttal Report(s) Defendant's Surrebuttal Report(s) Expert Depositions and Further Expert Discovery Deadline February 15, 2007 April 18, 2007 May 21, 2007 August 13, 2007 October 15, 2007 October 31, 2007 December 13, 2007

We are authorized to state that counsel for plaintiff has no objection to this motion.

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Case 1:05-cv-01030-LSM

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WHEREFORE, defendant prays that its motion be granted. Respectfully submitted,

s/ Karen Servidea KAREN SERVIDEA Attorney of Record U.S. 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 Chief, Court of Federal Claims Section W.C. RAPP Senior Trial Attorney

/W.C. Rapp Of Counsel January 30, 2007

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