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

Case 1:05-cv-00604-MBH

Document 7

Filed 08/01/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SCOTT TIMBER CO., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-604C (Judge Horn)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 30-day enlargement of time, to and including September 7, 2005, within which to file its response to plaintiff's complaint. Our response is currently due on August 8, 2005. This is defendant's first request for an enlargement of time for this purpose. The plaintiff, through counsel, has been contacted regarding this request and does not oppose. The enlargement is requested for two reasons. First, on July 15, 2005, plaintiff filed a motion to transfer and consolidate this case with Swanson Group Inc. v. United States, case numbers 05-170C and 05/171C, which are currently pending before Senior Judge Smith. Defendant is currently focusing its efforts on preparing its response to plaintiff's motion.1 Second, the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the United States Department of Agriculture, Forest Service, as

Our response to plaintiff's motion to transfer and consolidate was originally due on August 1, 2005, however, on July 28, 2005, we filed an unopposed motion for an enlargement of time, to and including August 8, 2005. At this time, the Court has not yet issued an order in response to our motion.

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Case 1:05-cv-00604-MBH

Document 7

Filed 08/01/2005

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required by 28 U.S.C. § 520. Agency counsel has assured the undersigned that the agency will provide the litigation report by August 31, 2005. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint. 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/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Lindsay Williams LINDSAY WILLIAMS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Phone: (202) 353-7995 Fax: (202) 514-8624 August 1, 2005 Attorneys for Defendant