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

Case 1:05-cv-00881-VJW

Document 5

Filed 10/07/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMERCE FUNDING CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-881C (Judge Wolski)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, the defendant, United States, respectfully requests that the Court enlarge by 30 days, from October 11, 2005, to and including November 10, 2005, the deadline for its response to the plaintiffs' complaint. This is the Government's first such request. Plaintiff does not oppose this motion. Undersigned counsel was not assigned to this matter until September 6, 2005. Agency counsel was not assigned until September 24, 2005. Since that time, undersigned Department of Justice counsel and agency counsel have worked together on this matter. However, due the recency of his appointment to this matter, as well as an intervening family emergency, agency counsel has not been able to complete the litigation report that undersigned counsel will use to formulate the defendant's response to plaintiff's complaint. Undersigned counsel does expect that the Government will be able to prepare a complete and accurate response to plaintiff's complaint by November 10, 2005.

Case 1:05-cv-00881-VJW

Document 5

Filed 10/07/2005

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Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by 30 days, from October 11, 2005, to and including November 10, 2005, the deadline for the defendant's response.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 October 7, 2005 Attorneys for Defendant

Case 1:05-cv-00881-VJW

Document 5

Filed 10/07/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 7th day of October, 2005, a copy of the foregoing DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ James D. Colt