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

Case 1:05-cv-00458-MCW

Document 4

Filed 05/27/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OK'S CASCADE COMPANY, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-458C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 45-day enlargement of time, to and including July 22, 2005, within which to file its response to the complaint. Our response is currently due on June 7, 2005. This is defendant's first request for an enlargement of time for this purpose. The plaintiff, through counsel, has been contacted by telephone regarding this request and does not oppose. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the Department of Agriculture, as required by 28 U.S.C. § 520. Agency counsel has stated that the Forest Service is working diligently to complete the litigation report and that it will be provided to the undersigned no later than July 11, 2005. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time.

Case 1:05-cv-00458-MCW

Document 4

Filed 05/27/2005

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director Of Counsel: DANIEL HYLTON Department of Agriculture s/ Lindsay Williams LINDSAY WILLIAMS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Phone: (202) 353-7995 Fax: (202) 514-8624

May 27, 2005

Attorneys for Defendant

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