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

Case 1:05-cv-01028-MBH

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Filed 11/29/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1028 T (Judge Horn) __________ ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., Co-Executors, Plaintiff v. UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________

Pursuant to RCFC 6(b), defendant, the United States, moves this Court for an enlargement of 60 days, from November 22, 2005, to and including January 23, 2006, of the deadline for the defendant to file its answer or otherwise respond to the complaint in the above-captioned case.1 this deadline has been requested. No prior enlargement of

Counsel for the defendant has

been advised by counsel for the plaintiff that the plaintiff does not object to this motion. As good cause therefor, defendant's counsel has not yet received the Internal Revenue Service's administrative files

The 60th day after November 22, 2005, is Saturday, January 21, 2006. Monday, January 23, 2006, is the next business day after that date. 1

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Case 1:05-cv-01028-MBH

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related to the issues set forth in the above-captioned case. defendant requires those files to prepare its response to the

The

complaint in the above-captioned case and determine whether any dispositive motions are appropriate. Further, defendant's

current counsel is in the process of having this case assigned to another attorney for handling due to the size of defendant counsel's current docket. This enlargement will allow

defendant's new counsel time to be come familiar with the details of this case. WHEREFORE, the defendant requests that the deadline for the defendant to file its answer or otherwise respond to the

complaint in the above-captioned case be enlarged to January 23, 2006.

Respectfully submitted, s/Benjamin c. King, Jr. BENJAMIN C. KING, JR. Attorney of Record U.S. Department of Justice Tax Division 2

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Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief Court of Federal Claims Section s/David Gustafson Of Counsel November 29, 2005

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