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

Case 1:05-cv-00915-MMS

Document 8

Filed 12/22/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ CADDELL CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ________________________________

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05-915C (Judge Mary Ellen Coster Williams)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 35-day enlargement of time, to and including January 27, 2006, within which to file its response to the complaint. Our response is currently due on December 23, 2005. This is defendant's second request for an enlargement of time for this purpose. An enlargement of 60 days was previously granted by this Court. Defendant attempted to contact plaintiff's counsel, but was unable to reach him. This motion is necessary to afford the Government sufficient time to draft an appropriate response to the complaint, incorporate comments of agency counsel, and obtain review of its response. The undersigned counsel received a litigation report from the agency, the Army Corp of Engineers, on October 31, 2005. While counsel has made some progress in researching and preparing an appropriate response to the complaint, matters in this Court and the United States Court of Appeals for the Federal Circuit have significantly limited counsel's time to prepare the Government's response in this case. Moreover, since seeking its last enlargement, defendant's counsel has been ordered to submit supplemental briefing in two matters and was scheduled to conduct depositions in California, Colorado and Tennessee.

Case 1:05-cv-00915-MMS

Document 8

Filed 12/22/2005

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Specifically, since receiving the prior enlargement for this purpose, the matters pending before this Court that have required or will require counsel's attention are: oral argument on cross-motions for partial summary judgment in Alli v. United States, No. 01-669, on November 2, 2005; preparing deponents and defending depositions in Susanville, California in Ralph Franklin & Son Logging v. United States, No. 04-1679, from November 7-11, 2005; preparing deponents and defending depositions in Colorado Springs, Colorado in Information Int'l Assocs. v. United States, No. 04-1489, from November 28 through December 1, 2005; preparing a supplemental brief in Alli v. United States, No. 01-669, filed on December 2, 2005; preparing a supplemental brief in Schnelle v. United States, No. 05-399, filed on December 9, 2005; preparing deponents and defending depositions in Vallejo, California in Ralph Franklin & Son Logging v. United States, No. 04-1679, from December 12-15, 2005; preparing a response to discovery requests in Ralph Franklin & Son Logging v. United States, No. 04-1679, served on December 15, 2005; preparing a joint status report in Stockman v. United States, No. 04-1531, filed on December 19, 2005; taking depositions in Oak Ridge, Tennessee in Information Int'l Assocs. v. United States, No. 04-1489, from December 21-22, 2005; preparation of a reply brief in Alli v. United States, No. 01-669, due on December 22, 2005; and preparation of a motion for summary judgment in Information Int'l Assocs. v. United States, No. 04-1489, due January 17, 2006. In the United States Court of Appeals for the Federal Circuit, counsel has been or will be engaged in preparation of the Government's brief in Kelly v. Dep't of Veterans Affairs, No. 057116, filed on November 3, 2005; preparation of the Government's informal brief in Gard v. Dep't of Education, No. 06-3052, due on December 30, 2005; preparation of the Government's 2

Case 1:05-cv-00915-MMS

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Filed 12/22/2005

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brief in Acadia Technology v. United States, No. 05-5178, due on December 30, 2005; preparation of the Government's brief in Metropolitan Area Transit v. Dep't of Veterans Affairs, No. 05-1541, due on January 4, 2006; preparation of the Government's brief in Frazier v. United States, No. 05-5175, due on January 9, 2006; and preparation for an oral argument in King v. Dep't of Veterans Affairs, No. 05-7106, scheduled for January 10, 2006. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director OF COUNSEL: Connie L. Baran US Army Corps of Engineers Office of Counsel 100 W. Oglethorpe Ave. P.O. Box 889 Savannah, GA 31402 s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 307-1011 fax: (202) 307-0972 Attorneys for Defendant

December 22, 2005