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

Case 1:05-cv-00990-EJD

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Filed 11/08/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JEFFREY D. COTTRELL, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-990C (Chief Judge Damich)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 45-day enlargement of time, to and including December 29, 2005, within which to file a response to the complaint in the above-captioned matter. currently due on November 14, 2005. Our response is

This is our first request Despite sending an

for an enlargement of time for this purpose.

email, dated November 8, 2005, to counsel for plaintiff to ascertain plaintiff's position upon this motion, defendant's counsel has not yet been contacted by plaintiff's counsel. Defendant's counsel also attempted to contact counsel for plaintiff by telephone on November 7, 2005, but was informed by a pre-recorded message that the telephone number provided was no longer in service. The requested enlargement of time is necessary because defendant's counsel has not yet received a litigation report from the United States Department of Agriculture ("USDA") in order to respond to the complaint. See 28 U.S.C. § 520. An enlargement

Case 1:05-cv-00990-EJD

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Filed 11/08/2005

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of 45 days will allow defendant's counsel additional time to assemble and evaluate relevant records obtained from the USDA, as well as allow defendant's counsel time to review the case, coordinate our response with the relevant agencies, and obtain necessary internal review. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may respond to the plaintiff's complaint by 45 days, to and including December 29, 2005. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/ BRYANT G. SNEE BRYANT G. SNEE Assistant Director S/ KELLY B. BLANK KELLY B. BLANK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel: (202) 353-7578 Fax: (202) 353-7988 November 8, 2005 2 Attorneys for Defendant

Case 1:05-cv-00990-EJD

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CERTIFICATE OF FILING I hereby certify that on November 8, 2005, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

In addition, I caused to be placed in the

United States mail (first class mail, postage prepaid), copies of "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" addressed as follows: John T. Ryerson P.O. Box 1824 Columbus, OH 43216

/s/ KELLY B. BLANK