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

Case 1:05-cv-00946-TCW

Document 5

Filed 11/01/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHEROKEE MEDICAL SERVICES, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-946C (Judge Hewitt)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 30 calendar days, to and including November 30, 2005, within which to respond to plaintiffs' complaint. Defendant's response is presently due October 31, 2005. This is defendant's first request for an enlargement of time. Government counsel has informed plaintiff's counsel of this motion and represents that plaintiff does not oppose the Court's granting the Government the requested enlargement of time. The additional time is requested so that Government counsel adequately can prepare and file the Government's response to the complaint. This case was assigned to Government counsel while he was in the midst of defending the bid protest of Alion Science and Technology Corporation v. United States, No. 05-1072, which was immediately followed by Government counsel's travel to Anchorage, Alaska to defend a previously-scheduled deposition. Accordingly, Government counsel has been unable to investigate the allegations made in the complaint and provide a full and adequate responses to them. Moreover, the relevant Governmental agency, the United States Army, has not yet been able to provide a litigation report, addressing the allegations contained in the complaint.

Case 1:05-cv-00946-TCW

Document 5

Filed 11/01/2005

Page 2 of 2

For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Donald E. Kinner DONALD E. KINNER Assistant Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7586 Fax: (202) 514-7969 October 31, 2005 Attorneys for Defendant