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

Case 1:05-cv-00457-LJB

Document 46

Filed 05/19/2008

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

No. 05-457 (Judge Bush)

DEFENDANT'S SECOND UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an eight day enlargement of time, to and including May 27, 2008, to file its reply to the plaintiff's response to our motion for summary judgment. Our response is currently due on May 19, 2008. This is defendant's second request for an enlargement for this purpose. This Court previously granted a thirty day extension of time. On May 17, counsel for plaintiff, Mr. William Scott, stated that the plaintiff does not oppose this motion. As described in our first motion, counsel of record had responsibilities before this Court and others which prevented her from devoting sufficient time to prepare a reply brief in this matter. Although counsel of record initially believed she would be able to complete the reply brief by May 19, she will be unable to do so. While she has made substantial progress on the brief, counsel needs additional time to seek review and input on the reply brief, both internally and from the Navy. Counsel anticipates that this review will be completed by May 27.

Case 1:05-cv-00457-LJB

Document 46

Filed 05/19/2008

Page 2 of 3

For the foregoing reasons, defendant respectfully requests the Court to grant its unopposed motion for enlargement of time of eight days, to and including, May 27, 2008, within which to file its reply brief. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON 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, N.W. Washington, D.C. 20530 Tele: (202) 616-2228 Fax: (202) 305-7643 May 19, 2008 Attorneys for Defendant

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Case 1:05-cv-00457-LJB

Document 46

Filed 05/19/2008

Page 3 of 3

CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 19th day of May, 2008 a copy of the foregoing "DEFENDANT'S SECOND UNOPPOSED 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