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

Case 1:05-cv-00575-TCW

Document 31

Filed 06/06/2006

Page 1 of 3

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)

JOINT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), the parties respectfully request a 3 day enlargement of time, to and including June 9, 2006, within which to file the joint stipulations of fact required by this Court's pretrial order dated March 14, 2006. The parties will not be able to file their joint stipulations of fact by June 6, 2006, as required by paragraph 4 of the pretrial order. This is the parties' first request for an enlargement of time for this purpose. The enlargement is requested because the parties did not receive three of the deposition transcripts until June 5, 2006. The parties completed discovery by May 26, 2006, as specified in the pretrial order. The parties have exchanged draft joint stipulations, and have communicated regarding areas of disagreement. However, the parties are unable to file a final version of the joint stipulations with the Court without first being able to review the deposition transcripts which were received on June 5, 2006. The parties anticipate being able to file their joint stipulations on or before June 9, 2006. For the foregoing reasons, the parties respectfully request that the Court grant this motion for an enlargement of time of three days.

Case 1:05-cv-00575-TCW

Document 31

Filed 06/06/2006

Page 2 of 3

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

s/ David M. Knasel DAVID M. KNASEL CLARK & COLLINS, P.C. Market Station 108-E South Street, S.E. Leesburg, VA 20175

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 Attorneys for Defendant

Attorney for Plaintiff June 6, 2006

2

Case 1:05-cv-00575-TCW

Document 31

Filed 06/06/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 6, 2006, a copy of the forgoing "JOINT MOTION FOR ENLARGEMENT OF TIME" 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/ David D'Alessandris