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

Case 1:05-cv-00891-MBH

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Filed 10/17/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BONDCOTE CORPORATION, a Virginia corporation, d/b/a BONDCOTE ROOFING SYSTEMS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-891C (Judge Horn)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests the Court to enlarge by 30 days, to and including November 16, 2005, the time within which it must file its response to the complaint. is presently due on October 17, 2005. Defendant's response

This is defendant's first Plaintiff

request for an enlargement of time for this purpose. does not oppose this motion.

Government counsel has yet to receive a litigation report from the United States Postal Service, the agency involved in the events that led to this litigation. Government counsel has no

personal knowledge of the matters addressed in the complaint and cannot prepare the Government's answer without input from the agency. The agency is preparing a litigation report and expects

to deliver the litigation report to the Government's attorney of record in the near future. The time requested is necessary, therefore, for the agency to prepare the litigation report, and for Government counsel to review the litigation report; prepare a response to the

Case 1:05-cv-00891-MBH

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complaint; and obtain agency and supervisory review. The time requested is also necessary because, during the next month, Government counsel will be required to devote substantial amounts of time to other cases that are pending before this Court and the court of appeals, including: preparing

the Government's reply brief in Liberty Mutual Insurance Co. v. United States, No. 04-254C (Fed. Cl.), which is due on October 17, 2005; defending out-of-town depositions in FSEC, Inc. v. United States, No. 03-2152C (Fed. Cl.), October 24-28, 2005; preparing the Government's brief in Jentoft v. United States, No. 05-5125 (Fed. Cir.), which is due, after two enlargements totaling 58 days, on November 3, 2005; and preparing to take, and taking, out-of-town depositions in FSEC, either the week of November 7, 2005, or the week of November 14, 2005. 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 Jeanne E. Davidson JEANNE E. DAVIDSON Deputy Director

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/s Thomas D. Dinackus THOMAS D. DINACKUS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tele: (202) 307-6289 Fax: (202) 514-7969 Attorneys for Defendant October 17, 2005

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NOTICE OF FILING I hereby certify that on October 17, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR 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

/s Thomas D. Dinackus