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

Case 1:05-cv-00457-LJB

Document 7

Filed 05/31/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GEE & JENSEN ENGINEERS, ARCHITECTS, & PLANNERS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-457 (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims (RCFC), defendant United States respectfully requests a sixty (60) day enlargement of time, to and including August 7, 2005, to file a response to the complaint. Our response is currently due on June 7, 2005. This is defendant's first request for an enlargement for this purpose. William Scott, counsel for plaintiff, indicated he does not oppose this motion. Upon being assigned responsibility for this matter, defendant's counsel promptly forwarded a copy of the complaint to the Navy. Counsel was first able to speak to the agency counsel on May 27, 2005. Despite diligent efforts, the agency has advised us that it will be unable to provide counsel with the statutorily required litigation report in sufficient time for counsel to prepare a response to the complaint by the current due date. This enlargement is necessary to ensure adequate time for the agency to prepare a litigation report, including potential travel to Charleston, South Carolina to obtain and review the large number of files relating to this contract dispute. The additional time requested is also necessary for defendant's counsel to confer with the agency, to prepare a thorough response, and to obtain the necessary supervisory review of the Government's response. For the foregoing reasons, defendant respectfully requests the Court to grant this motion

Case 1:05-cv-00457-LJB

Document 7

Filed 05/31/2005

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for enlargement of time of sixty eight (60) days, to and including, August 7, 2005, within which to file a response to the plaintiff's complaint.

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

S/Donald E. Kinner DONALD E. KINNER Assistant Director

S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 Tele: (202)307-1011 Fax: (202) 514-8624 May 31, 2005 Attorneys for Defendant

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Case 1:05-cv-00457-LJB

Document 7

Filed 05/31/2005

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CERTIFICATE OF ELECTRONIC FILING

I hereby certify that on this 31st day of May, 2005 a copy of the foregoing "MOTION FOR 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 parties may access this filing through the Court's system.

s/Tara K. Hogan