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

Case 1:05-cv-01020-MMS

Document 25

Filed 07/05/2006

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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 an enlargement of five calendar days, from July 5 to and including July 12, 2006, for its response to the first amended complaint. This is our first request for this purpose. Undersigned counsel contacted counsel for plaintiff ("AISLIC"), but was unable to learn whether AISLIC will oppose this motion. Because we anticipate filing a dispositive motion in response to the first amended complaint, we request a corresponding enlargement of the deadline for AISLIC's response to our motion. In its order dated May 5, 2006, the Court directed us to respond to the complaint on or before July 5, 2006. Undersigned counsel has virtually completed a draft motion, but additional time is needed in order to confer with the affected agencies of the Department of Defense, assemble an evidentiary appendix, and obtain supervisory review. In addition, since June 21, 2006, counsel's responsibilities relating to other matters have included taking an expert deposition in Los Angeles, California, in Huntleigh USA Corp. v. United States, No. 03-2670C (Judge Margolis), on June 27; overseeing the collection and filing of multiple affidavits concerning the Government's handling of discoverable documents, from July 2002 to date, in

Case 1:05-cv-01020-MMS

Document 25

Filed 07/05/2006

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United Medical Supply Co. v. United States, No. 03-289C (Judge Allegra); participating in status conferences in American Airlines Inc. v. United States, No. 04-1736C (Judge Braden), Bell BCI Co. v. United States, No. 03-1613C (Judge Wheeler), and Huntleigh; and engaging in settlement discussions in Spherix Inc. v. United States, No. 06-55C (Judge Braden). Defendant became aware of the need for a short enlargement of time on Thursday, June 29, 2006. The filing of this motion was delayed slightly by our attempt to confer with opposing counsel; the closing of the Court on July 3 and 4; and the need to obtain supervisory review. Under the circumstances, the requested enlargement of time is reasonable and should result in no undue delay, prejudice, or inconvenience. CONCLUSION Accordingly, we respectfully request the Court to enlarge by five calendar days, from July 5 to and including July 12, 2006, the date for the Government's response to the first amended complaint. Assuming we file a dispositive motion, we respect a corresponding enlargement of the deadline for plaintiff's response, from August 4 to and including August 11, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director

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Case 1:05-cv-01020-MMS

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Filed 07/05/2006

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s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 305-7644 Attorneys for Defendant July 5, 2006

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Case 1:05-cv-01020-MMS

Document 25

Filed 07/05/2006

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CERTIFICATE OF FILING I certify that on July 5, 2006, the attached motion was filed electronically. Service is complete upon filing and parties may access this filing through the Court's system.

s/Kyle Chadwick

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