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

Case 1:05-cv-00575-TCW

Document 54

Filed 06/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________)

PHILLIP J. LAVEZZO d/b/a DKO TECHNOLOGIES,

No. 05-575C (Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant respectfully requests that all deadlines in this case be enlarged for 21 days to allow the Government to make payment to plaintiff pursuant to the terms of the settlement agreement executed by the parties on April 18 and April 19, 2007. This is our third request for an enlargement of time for this purpose. On June 13, 2007, the undersigned counsel of record consulted with David M. Knasel, counsel for plaintiff, who consents to this motion. As noted above, the parties were able to agree upon the terms of a settlement agreement, and executed that agreement on April 18 and April 19, 2007. Defendant submitted the settlement agreement, and other necessary documents to the Judgment Fund in a timely manner. However, due to a backlog at the Judgement Fund, the United States has not yet made payment to Mr. Lavezzo. It is our understanding that the Judgement Fund is currently processing the request for payment, and that payment should be made in short order. Accordingly, defendant respectfully requests that all deadlines in this case be enlarged by 21 days to allow the Government to make payment pursuant to the terms of the settlement agreement, and to allow the parties to file a joint stipulation of dismissal on or before July 6, 2007.

Case 1:05-cv-00575-TCW

Document 54

Filed 06/14/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

s/ David D'Alessandris DAVID D'ALESSANDRIS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Telephone: (202) 307-0139 Facsimile: (202) 514-8624 June 14, 2007 Attorneys for Defendant

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Case 1:05-cv-00575-TCW

Document 54

Filed 06/14/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 14th day of June, 2007, a true and correct copy of the foregoing was filed electronically through the U.S. Court of Federal Claims Case Management Electronic Case Files system. I understand that notice of this filing will be sent to all

parties/counsel of record by the Court's electronic filing system and that they may access this filing through that system.

s/David D'Alessandris

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