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

Case 1:05-cv-00411-FMA

Document 8

Filed 06/21/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________ No. 05-411 T (Judge Francis M. Allegra) PRESIDIO ADVISORS, LLC, NORVEST LTD., Plaintiff, v. THE UNITED STATES, Defendant. ___________________ MOTION FOR ENLARGEMENT OF TIME ___________________ Pursuant to RCFC 6(b), defendant respectfully moves the Court for a 30-day enlargement of time from June 27, 2005, to and including July 27, 2005, in which to file a response to the complaint. This is the second request by defendant for this purpose, with 30 days having been granted previously. As good cause therefor, defendant states as follows: Plaintiff filed the complaint in this case on March 29, 2005. Pursuant to 28 U.S.C. Section 520, the United States Department of Justice requested the views of the Internal Revenue Service with respect to this matter. IRS personnel have been preparing the defense letter and assembling the administrative files with respect to this action. To date, defendant's attorney has not received the defense letter and administrative files. Without the defense letter and administrative files, defendant's trial attorney cannot prepare a meaningful response to plaintiff's

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Case 1:05-cv-00411-FMA

Document 8

Filed 06/21/2005

Page 2 of 2

complaint. An additional thirty days are needed for the IRS to complete the defense letter and forward it to the Department of Justice for use by defendant's attorney in preparing a response. Plaintiff's attorney stated that he has no objection to the allowance of this motion. Accordingly, defendant requests that the Court allow the requested enlargement of time. Respectfully submitted, June 21, 2005 Date s/G. Robson Stewart G. ROBSON STEWART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6493 (202) 514-9440 (facsimile) EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section DAVID GUSTAFSON Assistant Chief June 21, 2005 Date s/David Gustafson Of Counsel Attorneys for Defendant