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

Case 1:05-cv-00441-MBH

Document 5

Filed 05/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS STRUCTURAL CONCEPTS, INC., ) ) ) ) ) ) ) ) )

Plaintiff, v. THE UNITED STATES, Defendant.

No. 05-441c (Judge Horn)

DEFENDANT'S FIRST 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 twenty-one (21) day enlargement of time, to and including June 24, 2005, to file a response to the complaint. Our response is currently due on June 3, 2005. This is defendant's first request for an enlargement for this purpose. Kelly Decker, counsel for plaintiff, indicated she does not oppose this motion. Upon being assigned responsibility for this matter, defendant's counsel promptly forwarded a copy of the complaint to the U.S. Army Corps of Engineers. 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. The additional time requested is also necessary for undersigned 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 for enlargement of time of twenty one (21) days, to and including, June 24, 2005, within which to file a response to the plaintiff's complaint.

Case 1:05-cv-00441-MBH

Document 5

Filed 05/24/2005

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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: 8th floor Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-1011 Fax: (202) 514-8624 May 24, 2005 Attorneys for Defendant

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Case 1:05-cv-00441-MBH

Document 5

Filed 05/24/2005

Page 3 of 3

CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 24th day of May, 2005 a copy of the foregoing "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