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

Case 1:05-cv-00751-NBF

Document 6

Filed 09/07/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CINCINNATI INSURANCE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-751C Judge Firestone

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT Defendant respectfully requests the Court to grant an enlargement of time of 45 days, to and including October 27, 2005, within which to file its response to the complaint. response is currently due on September 12, 2005. The

Counsel for

plaintiff has informed counsel for the defendant that he does not oppose this request for an enlargement of time. No previous

enlargements of time for this purpose have been requested or granted. Counsel of record promptly furnished a copy of the complaint to the Army Corps of Engineers ("Corps"). While the Corps has

been gathering the information necessary to provide the litigation report required by 28 U.S.C. § 520, the Corps has requested a period of additional time to complete the litigation report. Undersigned counsel will then require a reasonable

amount of time to prepare defendant's response to the complaint. In addition, counsel for the defendant requests the additional time because counsel for the Government has other commitments that require a substantial amount of her time.

Case 1:05-cv-00751-NBF

Document 6

Filed 09/07/2005

Page 2 of 2

First, she has an oral argument on October 4, 2005, before the United States Court of Appeals for the Federal Circuit in Stone v. OPM, No. 05-3019 (Fed. Cir.). She is also required to file a

brief on October 13, 2005, in Lakey-Scott v. Dept. of Justice, No. 05-3139 (Fed. Cir.). Finally, she is required to file post-

trial stipulations of fact in Spodek v. United States, No. 031444C (Fed. Cl.), which are due on October 21, 2005. For the foregoing reasons, we respectfully request the Court to grant defendant's motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ James M. Kinsella JAMES M. KINSELLA Deputy Director s/ Doris S. Finnerman DORIS S. FINNERMAN Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Department of Justice Tel: (202) 307-0300 Fax: (202) 305-7643 Attorneys for Defendant September 7, 2005 2