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

Case 1:05-cv-00447-NBF Case 1:05-cv-00447-NBF

Document 6 Document 6

Filed 06/06/2005 Filed 06/06/2005

Page 1 of 3 Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SMART BUSINESS MACHINES, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Nos. 05-447C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant, the United States, respectfully requests that the Court enlarge by seven days, from June 6, 2005, to and including June 13, 2005, the due-date for its response to plaintiff's complaint. This is the Government's first such request. The plaintiff has indicated that it does not oppose this enlargement. Undersigned counsel has prepared a response to the plaintiff's complaint that is currently undergoing the internal review procedure that the Department of Justice requires prior to filing. Such review has not yet been completed, thereby making it unlikely that the defendant's response will be filed today, June 6, 2005. In addition, undersigned counsel is leaving today for depositions in another city in a different matter and will not return to the office until June 13, 2005. The Government does expect that it will be able to file an accurate and appropriate response by June 13, 2005. Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by seven days, from June 6, 2005 to and including June 13, 2005, the due date for defendant's response.

Case 1:05-cv-00447-NBF Case 1:05-cv-00447-NBF

Document 6 Document 6

Filed 06/06/2005 Filed 06/06/2005

Page 2 of 3 Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 June 6, 2005 Attorneys for Defendant

2

Case 1:05-cv-00447-NBF Case 1:05-cv-00447-NBF

Document 6 Document 6

Filed 06/06/2005 Filed 06/06/2005

Page 3 of 3 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 6th day of June, 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 of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt

3