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

Case 1:05-cv-01020-MMS

Document 20

Filed 02/09/2006

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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 UNOPPOSED 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 14 days, from February 10 to and including February 24, 2006, to file a reply in support of the pending motion to dismiss, and to respond to the "First Amended Complaint," which was filed by plaintiff, American International Specialty Lines Insurance Company ("AISLIC"), together with its opposition on January 27, 2006. This is defendant's first such request. Thomas Michael Guiffre, counsel of record for AISLIC, states that AISLIC does not oppose this motion. Pursuant to RCFC 7.2(c), the Government's reply is due on February 10, 2006. The clerk's office has not docketed a deadline for a response to AISLIC's amended pleading, but a response to an amended complaint is due within 10 business days of the amendment, pursuant to RCFC 15(a). The "First Amended Complaint" filed on January 27 contains eight counts. That is five more than were pleaded in the transfer complaint, filed on September 30, 2005, to which the Government's motion responded. The proposed enlargement of time, which will allow us to respond properly to plaintiff's broadened allegations and theories of relief, is reasonable and should cause no prejudice or undue delay.

Case 1:05-cv-01020-MMS

Document 20

Filed 02/09/2006

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CONCLUSION Accordingly, we respectfully request the Court to enlarge by 14 days, from February 10 to and including February 24, 2006, the due date for the Government's reply in support of its motion to dismiss, and our response to the January 27, 2006 "First Amended Complaint." Respectfully submitted,

PETER D. KEISLER Assistant Attorney General s/ DAVID M. COHEN Director

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 February 9, 2005

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Case 1:05-cv-01020-MMS

Document 20

Filed 02/09/2006

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CERTIFICATE OF FILING I certify that on February 9, 2006, the foregoing unopposed 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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