Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-00551-LJB

Document 39

Filed 02/14/2008

Page 1 of 3

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 seven days, to and including February 21, 2008, within which to respond to the motion to compel a deposition filed by the plaintiff, HM2 Corporation ("HM2"). 14, 2008. Our response is currently due by February

This is our first request for an enlargement of time Counsel for HM2 has authorized us to state

for this purpose.

that HM2 does not oppose this motion. As HM2 noted in its motion, we oppose the deposition of the contracting officer, Ms. Mitchell, because we believe that the experience poses a severe threat to her health. Furthermore, for

reasons to be described in our response, we believe that the testimony of Ms. Mitchell is not necessary and that HM2 will not be prejudiced if Ms. Mitchell does not testify in this case. Our response to HM2's motion to compel will be based, in large part, upon a letter from Ms. Mitchell's doctor. Additional

time is needed to obtain a suitable letter, and to draft a response properly tailored to the medical opinion.

Case 1:05-cv-00551-LJB

Document 39

Filed 02/14/2008

Page 2 of 3

The full amount of additional time requested is needed. Time is needed to obtain the medical opinion and to revise our draft response to the motion to compel. In addition, time is

needed for review of the draft response by agency counsel and by a supervisor at the Department of Justice. For the reasons stated above, we respectfully request that our unopposed motion for an enlargement of time be granted. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director S/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. 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 February 14, 2008 Attorneys for Defendant

-2-

Case 1:05-cv-00551-LJB

Document 39

Filed 02/14/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on February 14, 2008, 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