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

Case 1:05-cv-00559-CCM

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Filed 08/05/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PURE POWER, INC. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-559C (Judge C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 45 days, to and including September 28, 2005, within which to file its response to plaintiff's complaint. Defendant's response This is

currently is due to be filed August 15, 2005.

defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff has informed us that plaintiff

does not oppose our request for an enlargement of time for this purpose. Upon receipt of plaintiff's complaint, defendant promptly sent to the United States Postal Service ("Postal Service") a copy of the complaint with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1 While counsel for defendant has begun the process of

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after

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Case 1:05-cv-00559-CCM

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preparing a draft response to plaintiff's complaint, additional time is necessary for the Postal Service to gather and review information necessary for preparation of the agency's litigation report and suggested response to the complaint. Specifically, this case involves extensive litigation in both Federal circuit and district courts, and, accordingly, requires the review of previous filings and related documents, as well as review of additional documents concerning plaintiff's complaint filed in this Court. Additional time is needed for

agency counsel to review this documentation as it pertains to the allegations contained in the complaint. Once this process is

complete, additional time is necessary for agency counsel to prepare the requested litigation report and suggested response to the complaint, and to deliver to defendant's counsel the litigation report and suggested response to the complaint. Once the litigation report is received, defendant's counsel will need sufficient time to review the litigation report and suggested response to the complaint, obtain any additional information or clarification from the agency, and prepare and file the Government's response to the complaint.

receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a written statement of all facts, information, and proofs." 28 U.S.C. § 520. -2-

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For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Bryant G. Snee BRYANT G. SNEE Assistant Director s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8624 Attorneys for Defendant

CHRISTOPHER J. BURTON United States Postal Service Washington, D.C.

AUGUST 5, 2005

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 5th day of AUGUST 2005, I caused to be sent VIA United States mail (firstclass, postage prepaid) copies of "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" addressed as follows: Michael J. Buley Michael J. Buley Law Offices 20271 SW Birch Street Suite 100 Newport Beach, CA 92660 s/ David B. Stinson