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

Case 1:05-cv-00425-CCM

Document 6

Filed 05/25/2005

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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 July 15, 2005, to file a response to the complaint in the above-captioned matter. May 31, 2005. Our response is currently due on

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

time for this purpose.

to contact plaintiff's counsel by telephone on May 24, 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 has not yet received a litigation report from the agency. See 28 U.S.C. § 520. An enlargement of 45 days will

allow agency counsel additional time to assemble and evaluate relevant records obtained from the contracting officer and allow defendant's counsel time to review the case, coordinate our response with agency counsel, and obtain necessary internal review.

Case 1:05-cv-00425-CCM

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Filed 05/25/2005

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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 July 15, 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 May 25, 2005 Attorneys for Defendant

2

Case 1:05-cv-00425-CCM

Document 6

Filed 05/25/2005

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CERTIFICATE OF FILING I hereby certify that on May 25, 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