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

Case 1:05-cv-00580-TCW

Document 16

Filed 02/01/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) CITY CRESCENT LIMITED ) PARTNERSHIP, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ___________________________________ )

No. 05-580 (Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 14 day enlargement of time within which to file its motion for summary judgment. The Government's motion is currently due on February 1, 2006. The extension would bring the date for filing the motion to February 15, 2006. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff indicated on January 27, 2006 that plaintiff is not opposed to this motion. This request for enlargement is necessary because the Government has recently learned that there may be a material factual dispute regarding the base year of the lease at issue in this case, and the Government needs time to gather

Case 1:05-cv-00580-TCW

Document 16

Filed 02/01/2006

Page 2 of 2

documents to ascertain whether there is a material dispute regarding the base year. Resolving this issue prior to filing the motion for summary judgment will simplify briefing on the motions. For these reasons, defendant respectfully requests that the Court grant defendant's motion for an enlargement of time of 14 days, to and including February 15, 2006, within which to respond to file its motion for summary judgment.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 307-0972 February 1, 2006 Attorneys for Defendant