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

Case 1:05-cv-01021-EJD

Document 12

Filed 06/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ANTHONY BUSH and DARREL DIETLEIN, Plaintiffs, v. ) ) ) ) ) ) ) ) ) ) )

No. 05-1021C

(Chief Judge Damich)

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant, the United States, respectfully requests that the Court enlarge by 45 days, to and including August 3, 2006, the time within which it may respond to the plaintiff's complaint. Defendant's response is currently due on June 19, 2006. This is the Government's fifth such request, having previously been granted requests for enlargements of 60, 90, 45, and 14 days. Counsel for plaintiffs has represented that plaintiffs do not oppose this motion. Plaintiffs are now reviewing time records to verify their accuracy. Based upon discussions with agency counsel and opposing counsel, it appears that continued efforts to reach an amicable resolution of this case, once the review of the documents in question is completed, are warranted. After the plaintiffs have reviewed their records, the parties expect that their attempts to resolve this matter will continue. To permit the completion of the review of the appropriate records and subsequent discussions to attempt to resolve this case, we respectfully request that the Court grant us an additional 45 days within which to respond to the plaintiffs' complaint.

Case 1:05-cv-01021-EJD

Document 12

Filed 06/19/2006

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Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by 45 days, from June 19, 2006 to and including August 3, 2006, the due date for the defendant's response.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 June 19, 2006 Attorneys for Defendant

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Case 1:05-cv-01021-EJD

Document 12

Filed 06/19/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 19th day of June, 2006, a copy of the foregoing DEFENDANT"S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/James D. Colt