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

Case 1:05-cv-00551-LJB

Document 8

Filed 07/29/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HM2 CORPORATION, d/b/a HM2 CONSTRUCTORS AND FABRICATORS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-551C (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests the Court to grant an enlargement of time of 35 days, to and including September 2, within which to file our response to the complaint. Our answer is due on July 29, 2005. This is our

second request for an enlargement of time for this purpose, the Court having granted an enlargement of 14 days. Counsel for

plaintiff, HM2 Corporation ("HM2") has authorized us to state that HM2 does not oppose this motion. Because of the press of other business, counsel for the United States has not yet had an opportunity to complete necessary tasks to prepare for the filing of a response to the complaint. Specifically, counsel has devoted nearly all of his

time during the past two weeks to an important appeal, Air Force v. United Technologies Corporation, 05-1393 (Fed. Cir.). In

addition, on July 18, 2005, counsel filed a reply to a response to our summary judgment motion in Information Systems & Networks Corporation v. United States, No. 04-632C (Fed. Cl.).

Case 1:05-cv-00551-LJB

Document 8

Filed 07/29/2005

Page 2 of 4

Counsel has devoted substantial time to this case in recent weeks, but that time has been devoted to settlement discussions and discussions about the possible scheduling of alternative dispute resolution proceedings. The parties continue to expect

to put significant resources toward these ends in the coming weeks. The full enlargement of time requested is needed. Very

substantial amounts of time must be devoted to the United Technologies appeal during the course of coming weeks. The

administrative record is immense, and counsel was not involved in the administrative proceedings, so substantial time for review of factual materials is required. Time is also needed for legal

research and for discussions with supervisors and with the agency. In addition, counsel must prepare for and attend oral

argument in Commonwealth Of Kentucky v. United States, 05-5010 (Fed. Cir.) on August 4, 2005. From August 10, 2005 through

August 22, 2005, counsel will be on long-planned annual leave outside Washington, D.C. And, finally, time is needed to review

the agency's draft answer, conduct research, prepare a draft response to the complaint, and submit the draft response for review by the agency and by supervisors within the Department of Justice.

-2-

Case 1:05-cv-00551-LJB

Document 8

Filed 07/29/2005

Page 3 of 4

For the reasons set forth above, we respectfully request that the Court grant our unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 July 29, 2005 Attorneys for Defendant

-3-

Case 1:05-cv-00551-LJB

Document 8

Filed 07/29/2005

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on July 29, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN 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. the Court's system. S/ James W. Poirier Parties may access this filing through