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

Case 1:05-cv-01029-MCW

Document 5

Filed 11/15/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA HUMAN DEVELOPMENT CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) electronically filed on November 15, 2005 No. 05-1029C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant requests an enlargement of time of 57 days, to and including January 18, 2006, within which to respond to the complaint. presently due on November 22, 2005. Our response is

This is our first request Plaintiff's counsel

for an enlargement of time for this purpose.

has been contacted and does not oppose this request for an enlargement of time. Defendant's counsel was assigned to this matter and first received a copy of the complaint on October 26, 2005. He

promptly requested, pursuant to 28 U.S.C. § 520, that the appropriate agency provide him with a litigation report. However, agency counsel was not assigned until November 9, 2005. As a result, agency counsel requires additional time to investigate the allegations contained within the complaint and prepare a litigation report. Upon receipt of the litigation

report, defendant's counsel will require time to study it and determine the most appropriate response to the complaint. In

addition, scheduled annual leave and upcoming Federal holidays

Case 1:05-cv-01029-MCW

Document 5

Filed 11/15/2005

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are expected to further impact defendant's counsel's schedule in this regard. Therefore, we anticipate that an additional 57 days

will be required to prepare our response. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Bryant G. Snee BRYANT G. SNEE Assistant Director s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-1011 Attorneys for Defendant November 15, 2005

Case 1:05-cv-01029-MCW

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CERTIFICATE OF FILING

I hereby certify that on this 15th day of November, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that

notice of this filing will be sent to all parties by operation of the Court's electronic filing system. filing through the Court's system. Parties may access this

s/ Jeffrey S. Pease