Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:05-cv-00981-MMS

Document 65

Filed 07/14/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS K-CON BUILDING SYSTEMS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-981 (Judge Sweeney)

DEFENDANT'S MOTION FOR LEAVE TO FILE JOINT STATUS REPORT OUT OF TIME Pursuant to Rule 7 of the Rules of the Court of Federal Claims ("RCFC"), defendant, the United States, resepctfully submits this motion for leave to file the parties' joint status report out of time. On July 2, 2008, the Court ordered the parties to submit a joint status report on or before July 11, 2008. The parties

agreed to the content of a joint status report, and were prepared to file the report on July 11, 2008. Defendant's counsel

attempted to file the status report at 11:00 p.m. on that day, but was unable to access the CM/ECF website due to an apparent system outage. Defendant's counsel repeatedly attempted to

submit the report for a period of approximately 30 minutes before abandoning the effort. A number of defendant's counsel's colleagues reported that they had experienced similar problems over the weekend. The ECF

help desk was able to confirm that the system was down upon their arrival on the morning of Monday, July 14, 2008, but that they had no way to know whether the system was functioning over the

Case 1:05-cv-00981-MMS

Document 65

Filed 07/14/2008

Page 2 of 3

weekend. For the reasons stated above, we respectfully request that the Court grant the motion of the United States for leave to file the attached joint status report out of time.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Bryant G. Snee BRYANT G. SNEE Deputy Director s/ Robert E. Chandler ROBERT E. CHANDLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 514-4678 Attorneys for Defendant July 14, 2008

Case 1:05-cv-00981-MMS

Document 65

Filed 07/14/2008

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on this 28th day of April 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE JOINT STATUS REPORT OUT 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. may access this filing through the Court's system. Parties

s/ Robert E. Chandler