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

Case 1:05-cv-00591-LMB

Document 14

Filed 02/14/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WILLIAM L. CENTERS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-591C (Judge Baskir)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME OUT-OF-TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the Court of Federal Claims, defendant respectfully requests an enlargement of time, out-oftime, within which to file defendant's a motion to dismiss. Defendant's motion to dismiss was due to be filed on or before January 12, 2006, and the Court has not granted a prior enlargement for time for this purpose. Plaintiff's counsel indicated that he may respond to this motion. Counsel worked on a draft motion the week of December 26, 2005, in anticipation of filing the motion. Counsel inadvertently failed to finalize and file that motion at that time, when required to travel on short notice for another matter. When counsel for plaintiff inquired regarding our motion, counsel finalized our motion and prepared this motion. Counsel apologizes to the Court and plaintiff's counsel for the omission and delay. For the reasons set forth above, defendant requests the Court to grant defendant an enlargement of time, out-of-time, within which to file a motion to dismiss.

Case 1:05-cv-00591-LMB

Document 14

Filed 02/14/2006

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Respectfully submitted. PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

BRIAN M. SIMKIN, Assistant Director

s/John S. Groat JOHN S. GROAT Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 514-4325/166-8260 Fax: (202) 514-7965 [email protected] February 14, 2006 Attorneys for Defendant

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Case 1:05-cv-00591-LMB

Document 14

Filed 02/14/2006

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CERTIFICATE OF FILING I hereby certify that on February 14, 2006, a copy of foregoing DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME OUT-OFTIME 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. Parties may access this filing through the Court's system.

s/John S. Groat