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

Case 1:02-cv-00483-FMA

Document 34

Filed 05/31/2005

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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, on behalf of itself and defendant1 in the above-captioned case, and 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 (i) an enlargement of 21 days, from May 31, 2005, to and including June 21, 2005, within which parties shall file a joint stipulation of facts, and, (ii) an enlargement of 21 days, from June 30, 2005, to and including July 21, 2005, within which plaintiff is to file a motion for summary judgment.

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While this document has been prepared and executed only by plaintiff, it was reviewed and approved by defendant's counsel as a joint filing. Further, pursuant to RCFC 6.1, plaintiff is authorized to state that defendant will file no objection to this motion.

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Case 1:02-cv-00483-FMA

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As good cause therefore, the parties state that (i) a joint stipulation of facts was due to be filed on or before today, May 31, 2005, and, (ii) plaintiff's motion for summary judgment is to be filed on or before June 30, 2005, both pursuant to the Court's Order of April 5, 2005. Counsel have agreed to certain facts and have commemorated this information to a preliminary draft. However, conflicts in the schedules of respective counsel have prevented the finalization of the stipulation, with the result that the stipulation cannot be timely filed. Counsel have calendared mutually convenient times during the next two weeks to discuss and complete the filing. WHEREFORE, plaintiff respectfully requests that the motion for enlargement of time be granted.

Respectfully submitted,

May 31, 2005

__________________________________ s/Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP One Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5000 Fax: (212) 822-5072 Email: [email protected] Attorney for Plaintiff

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Case 1:02-cv-00483-FMA

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May 31, 2005

__________________________________ s/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, D.C. 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected]

EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section WILLIAM K. DREW Reviewer May 31, 2005 __________________________________ Of Counsel Attorneys for Defendant

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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 31st day of May, 2005, 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) 530-5000 Fax: (212) 822-5072 Email: [email protected]

May 31, 2005

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