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

Case 1:05-cv-00891-MBH

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Filed 01/09/2006

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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 29 days, to and including February 7, 2006, the time within which the parties must file the joint preliminary status report. The

joint preliminary status report is presently due on January 9, 2006. This is defendant's first request for an enlargement of Plaintiff does not oppose this motion.

time for this purpose.

As noted in the parties' December 22, 2005 joint status report, plaintiff has made a settlement offer and Government counsel has begun preparing the requisite memorandum to his superiors concerning acceptance of the offer. Government counsel

has not been able to complete this memorandum, however, because of other matters pending before this Court and the court of appeals to which Government counsel must devote substantial amounts of time, including: preparing a settlement memorandum in

FSEC, Inc. v. United States, No. 03-2152C (Fed. Cl.); preparing for, and attending an out-of-town meeting with expert consultants in Metric Construction Co. v. United States, No. 04-954C (Fed.

Case 1:05-cv-00891-MBH

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Cl.), on January 6, 2006; preparing the Government's brief in Snyder v. Office of Personnel Management, No. 05-3347 (Fed. Cir.), which is due on January 20, 2006; preparing to take outof-town depositions in Metric Construction, the week of January 23, 2006; and engaging in settlement negotiations in Metrica, Inc. v. United States, No. 04-636C (Fed. Cl.). In addition,

Government counsel was on annual leave December 20-30, 2005. The time requested is necessary, therefore, for Government counsel to complete his memorandum, for the authorized representative of the Attorney General to decide if the United States will accept plaintiff's offer and, if the authorized representative of the Attorney General rejects plaintiff's offer, for the parties to prepare the joint preliminary status report. 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 January 9, 2006

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NOTICE OF FILING I hereby certify that on January 9, 2006, 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