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

Case 1:05-cv-00954-LAS

Document 9

Filed 10/26/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 05-954 T (Judge Loren A. Smith) D. GORDON POTTER, Plaintiff v. THE UNITED STATES, Defendant ____________ MOTION FOR ENLARGEMENT OF TIME ____________ Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant respectfully moves the Court for an enlargement of thirty (30) days, from October 31, 2005, to and including November 30, 2005, within which to file an answer. This is the first enlargement of time defendant has requested. As good cause for its motion, defendant states that the undersigned trial attorney has requested, but not yet received the Internal Revenue Service's administrative files pertaining to the defense of this income tax refund case. Without the administrative files, defendant cannot frame meaningful responses to the allegations in the complaint or determine whether any jurisdictional matters or affirmative defenses should be raised in the answer. Following receipt of the administrative files from the Internal Revenue Service, the undersigned trial attorney will require several weeks to review the files and then draft and submit for internal review defendant's answer in this matter. -1-

Case 1:05-cv-00954-LAS

Document 9

Filed 10/26/2005

Page 2 of 2

Defendant's attorney of record spoke with plaintiff's counsel by telephone on October 26, 2005, and counsel stated that plaintiff has no objection to the requested enlargement.

Respectfully submitted,

s/Jennifer P. Wilson JENNIFER P. WILSON Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 TELEPHONE (202) 307-6495 FACSIMILE (202) 514-9440 [email protected] EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section DAVID GUSTAFSON Assistant Chief David Gustafson Of Counsel October 26, 2005

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