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

Case 1:05-cv-00448-NBF

Document 12

Filed 07/21/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

RAYTHEON COMPANY, Plaintiff, v.

THE UNITED STATES, Defendant.

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No. 05-448C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to RCFC 6(b) and 6.1, defendant, the United States, respectfully requests an enlargement of time of 15 days, to and including August 5, 2005, within which to respond to plaintiff's complaint. Absent the requested enlargement, defendant would be required to respond to the complaint on or before July 21, 2005. RCFC 12(a). This is our second request for an enlargement of time for this purpose. On July 15, 2005, undersigned counsel for defendant discussed this motion with Karen L. Manos, Esq., counsel for plaintiff, who stated that plaintiff would not oppose this motion. The requested enlargement is needed in order to allow an adequate opportunity for defendant to review the agency's litigation report, to consider the allegations in plaintiff's complaint, and to file an appropriate response. Plaintiff's complaint alleges a number of complicated legal and factual issues regarding the proper interpretation and application of Cost Accounting Standard 413 to the transactions at issue in this case. Although the undersigned has preliminarily discussed the complaint with agency counsel, he has neither had the opportunity to discuss with agency counsel the substantive content of the Government's response, nor received from the agency its comments upon our responsive filing. Granting the proposed enlargement

Case 1:05-cv-00448-NBF

Document 12

Filed 07/21/2005

Page 2 of 3

will afford agency counsel and the undersigned the time necessary to properly respond to plaintiff's complaint. For the foregoing reasons, defendant respectfully requests that the Court grant our unopposed motion and enter an order granting the requested enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: LAWRENCE S. RABYNE Defense Contract Management Agency 1523 W. Central Road Arlington Heights, IL 60005-2451 Dated: July 21, 2005 s/ C. Coleman Bird C. COLEMAN BIRD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: 202.307.0453 Facsimile: 202.514.7965 Attorney for Defendant, United States of America

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Case 1:05-cv-00448-NBF

Document 12

Filed 07/21/2005

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CERTIFICATE OF FILING I hereby certify that on the 21st day of July, 2005, a copy of the foregoing Defendant's 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. Parties may access this filing through the Court's system. s/ Kent G. Huntington