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

Case 1:05-cv-01020-MMS

Document 46

Filed 02/28/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1020C (Judge Sweeney)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6 and 6.1 of the Court's Rules ("RCFC"), defendant, the United States, respectfully requests the Court to enlarge the deadline for the "joint proposed schedule for further proceedings in this case," which the Court's order dated February 6, 2007 directed the parties to file on or before today's date, until 14 days after the Court (i) resolves the Government's pending motion for reconsideration of the February 6 order or (ii) decides the merits of the Government's motion to dismiss the complaint, whichever is later. This is our first such request. We contacted T. Michael Giuffré, counsel for plaintiff, American International Specialty Lines Insurance Company, but were unable to learn plaintiff's position regarding this motion. The parties will be in a better position to propose a schedule that will be useful to the Court once we receive further guidance concerning the status of the Government's dispositive motion. Mr. Giuffré indicated that plaintiff intends to file a joint preliminary status report ("JPSR") today, in the format prescribed by RCFC Appendix A ¶ 4. We declined to participate in drafting a JPSR, however, because that document is not due at this time, under either the Court's Rules or the February 6 order.

Case 1:05-cv-01020-MMS

Document 46

Filed 02/28/2007

Page 2 of 3

CONCLUSION Accordingly, we respectfully request the Court to enlarge the deadline for the joint proposed schedule until 14 days after the Court resolves the Government's pending motion for reconsideration of the February 6 order or decides the merits of the Government's motion to dismiss the complaint, whichever is later. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Jeanne E. Davidson by Donald E. Kinner JEANNE E. DAVIDSON Acting Director

OF COUNSEL: MARY RAIVEL Senior Trial Attorney Navy Litigation Office Washington, D.C. s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 616-0476 Fax: (202) 305-7644 Attorneys for Defendant February 28, 2007

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Case 1:05-cv-01020-MMS

Document 46

Filed 02/28/2007

Page 3 of 3

CERTIFICATE OF FILING I certify that on February 28, 2007, the attached motion was filed via the Court's electronic system. I understand that service is complete upon filing and parties and others may access this filing through the Court's system.

s/Kyle Chadwick

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