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

Case 1:05-cv-00477-FMA

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Filed 08/17/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SHINWHA ELECTRONICS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 05-477C ) (Judge Allegra) ) ) )

DEFENDANT'S SECOND UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 days, to and including October 18, 2005, within which to respond to plaintiff's complaint. Defendant's response to plaintiff's This is our

complaint is currently due on August 19, 2005.

second request for an enlargement of time for this purpose. Plaintiff's counsel has indicated that plaintiff does not oppose this motion. As we advised the court in our previous motion, this case is related to a pre-existing case, United States ex. rel Paulson v. Shinwha Electronics, Corp., CV 02-00092HG, in the United States District Court for the District of Hawaii (transfer to the United States District Court in Washington, DC, is pending). At this

time, developments in the District Court case appear to indicate that it will be resolved and will result in a stipulated dismissal of this case. Progress in the negotiations have been

made during the previously requested enlargement and it is anticipated that the District Court issues may be resolved within

Case 1:05-cv-00477-FMA

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Filed 08/17/2005

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the time period requested in this motion.

The enlargement is

necessary to permit the parties to continue towards resolution of these two cases. If a resolution is not forthcoming, we propose

to report back to this Court that further time is necessary or to file our response to the plaintiff's complaint. For the foregoing reasons, we respectfully request the Court to grant our unopposed out of time motion for an enlargement of time of 60 days. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant August 17, 2005

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Case 1:05-cv-00477-FMA

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Filed 08/17/2005

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CERTIFICATE OF FILING I hereby certify that on August 17, 2005, a copy of foregoing "DEFENDANT'S SECOND 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. Parties may access this filing through the Court's system. s/Brian S. Smith

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