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

Case 1:02-cv-00483-FMA

Document 55

Filed 05/05/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

FORD MOTOR COMPANY AND AFFILIATES, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 02-483 T The Honorable Francis M. Allegra

________________ MOTION FOR ENLARGEMENT OF TIME ________________

Plaintiff, Ford Motor Company and Affiliates, in accordance with Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), and the Court's Special Procedures Order of May 31, 2002 [paragraphs (3) and (5)], respectfully moves the Court for an enlargement of 14 days, from May 8, 2006, to and including May 22, 2006, within which to reply to defendant's cross-motion for summary judgment, and reply in support of its motion for summary judgment. This is the second enlargement requested for this purpose, the first having been granted for a period of 32 days. As good cause therefore, plaintiff states that since receipt of defendant's motion, plaintiff's attorneys have requested an analysis of defendant's computations by the plaintiff's technical staff entailing the retrieval of historical computations and documentation. Over the

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Case 1:02-cv-00483-FMA

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past 45 days, plaintiff's technical staff have been successful in locating files and re-assembling data pertaining to the factual issues raised by the Government. In the last 14 days, plaintiff's attorneys have conferred numerous times with plaintiff's attorneys' Senior Tax Interest Technical Director, as well as with the technical and legal personnel of the taxpayer, discussing their analysis of the data and the multiple new issues raised in defendant's pending motion. The time requested herein is necessary to permit plaintiff's legal staff to provide us with their final advice, and for plaintiff's attorneys to draft an appropriate response. We are authorized to state that defendant has no objection to this motion. WHEREFORE, plaintiff respectfully requests that the motion for enlargement of time be granted.

Respectfully submitted,

May 5, 2006

s/ Joseph M. Persinger_______________________________ Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP One Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5072 Fax: (212) 822-5072 Email: [email protected] Attorney for Plaintiff

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Case 1:02-cv-00483-FMA

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CERTIFICATE OF SERVICE

I certify that service of the foregoing document has, this 5th day of May, 2006, been made on defendant's counsel by electronically filing the same with the Court. Pursuant to the Court's Special Procedures Order of May 31, 2002 [paragraph (3) and (5)], a copy of the Motion for Enlargement of Time has also been transmitted by facsimile to chambers in addition to being filed formally [electronically]. Should the Court be unable to electronically transmit a copy of the foregoing to the defendant's counsel, plaintiff respectfully requests the Clerk of the Court to mail a copy of the foregoing document to the following address:

W.C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, DC 20044

s/Joseph M. Persinger Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP 1 Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5072 Fax: (212) 822-5072 Email: [email protected]

May 5, 2006

NY2:#4690158v1 05/5/06 4:11 PM