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

Case 1:02-cv-00483-FMA

Document 53

Filed 03/20/2006

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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 [paragraph (3)], respectfully moves the Court for an enlargement of 60 days, from March 20, 2006, to and including May 19, 2006, within which to reply to defendant's cross-motion for summary judgment. This is the first enlargement requested for this purpose. As good cause therefore, plaintiff states that defendant's motion raises issues that are not briefed in plaintiff's motion for summary judgment. In order to draft an appropriate response to defendant's motion, plaintiff's attorneys have requested an analysis of defendant's computations both by plaintiff's attorneys' Senior Tax Interest Technical Director and by the

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Case 1:02-cv-00483-FMA

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plaintiff's staff. This analysis requires locating and retrieving documentation that is more than ten years old. In addition, plaintiff's attorneys' ability to work on the reply is hampered by the two-week absence of a key individual under the plaintiff's employ. The time requested herein is necessary to permit the plaintiff's staff to provide us with their advice, and for plaintiff's attorneys to draft an appropriate reply to defendant's crossmotion. 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,

March 13, 2006

_______________________________ s/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

Document 53

Filed 03/20/2006

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CERTIFICATE OF SERVICE

I certify that service of the foregoing document has, this 13th day of March, 2006, been made on defendant's counsel by electronically filing the same with the Court. 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]

March 13, 2006

NY2:#4681560v1 03/14/06 12:48 PM