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

Case 1:05-cv-00773-EJD

Document 25

Filed 06/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-773 T and No. 06-169 T (CONSOLIDATED) (Chief Judge Damich) ___________________________________ DAVID SUNSHINE and KELLY T. HICKEL, Plaintiffs v.

THE UNITED STATES, Defendant __________ MOTION FOR ENLARGEMENT OF TIME __________ Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant respectfully moves the Court for an enlargement of ten (10) days, from July 3, 2006, to and including July 13, 2006, within which to file a response to plaintiffs' motion for summary judgment. This is the first enlargement of time defendant has requested for this purpose. As good cause for its motion, defendant states that discovery relevant to plaintiffs' motion for summary judgment has not yet been completed, but will be completed within the next three weeks. Defendant's trial attorney conducted three depositions on June 15 and 16, 2006, and has requested rough drafts of the transcripts for use in preparing a response to plaintiffs' motion for summary judgment. In addition, defendant issued a

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Case 1:05-cv-00773-EJD

Document 25

Filed 06/19/2006

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subpoena for certain bank records relevant to plaintiffs' motion for summary judgment, and expects the records to be delivered by no later than June 30, 2006. Finally, defendant is in the process of obtaining public documents filed in the Interstate Sweeping bankruptcy proceeding, and expects to obtain those documents by the first week of July, 2006. After obtaining the transcripts, bank records, and bankruptcy filings, defendant's trial attorney will need an opportunity to review and incorporate the relevant information into its response to plaintiffs' motion for summary judgment. Defendant's trial attorney spoke with plaintiffs' counsel on June 15, 2006, and counsel stated that plaintiffs have no objection to the requested enlargement.

Case 1:05-cv-00773-EJD

Document 25

Filed 06/19/2006

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Respectfully submitted, s/Jennifer P. Wilson JENNIFER P. WILSON Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6495 Fax (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section ROBERT J. HIGGINS Reviewer s/Robert J. Higgins Of Counsel

June 19, 2006

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