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

Case 1:05-cv-00425-CCM

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Filed 07/15/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EP PRODUCTIONS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-425C (Judge C. Miller)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 45-day enlargement of time, to and including August 29, 2005, to file a response to the complaint in the above-captioned matter. July 15, 2005. Our response is currently due on

This is our second request for an enlargement of Although counsel for defendant attempted

time for this purpose.

to contact plaintiff's counsel by telephone on July 14, 2005, plaintiff's counsel has to date been unable to contact counsel for defendant to state plaintiff's position upon this motion. The requested enlargement of time is necessary because defendant's counsel was informed recently by the United States Army's Criminal Investigation Division ("CID") that its continuing investigation of plaintiff, EP Productions, Inc., for alleged false claims made in relation to the contract at issue and alleged violations of the Procurement Integrity Act, has revealed evidence that could lead to the filing of a Government counterclaim in this action. The complaint seeks damages for

Case 1:05-cv-00425-CCM

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Filed 07/15/2005

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claims which are currently under investigation by the CID. enlargement of 45 days will allow CID to continue its investigation, enable us to review information about the

An

investigation, and determine whether to file a counterclaim with our response to the complaint. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may respond to the plaintiff's complaint by 45 days, to and including August 29, 2005. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

S/ HAROLD D. LESTER, JR. HAROLD D. LESTER, JR. Assistant Director S/ KELLY B. BLANK KELLY B. BLANK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel: (202) 353-7961 Fax: (202) 353-7988 July 15, 2005 2 Attorneys for Defendant

Case 1:05-cv-00425-CCM

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Filed 07/15/2005

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CERTIFICATE OF FILING I hereby certify that on July 15, 2005, a copy of the foregoing "DEFENDANT'S MOTION FOR AN 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 Court's system. /s/ KELLY B. BLANK Parties may access this filing through