Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:05-cv-00410-MMS

Document 9

Filed 06/23/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARIO R. LOPEZ-VELAZQUEZ, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-410C (Chief Judge Damich)

DEFENDANT'S 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 60 days, from June 30, 2005, to and including August 29, 2005, the due-date for its response to the plaintiff's complaint. This is the Government's second such request, having already received an extension of 30 days. Undersigned counsel has attempted to contact plaintiff's counsel to seek his opinion of an enlargment, but has not received a response. Agency counsel still has not been able to assemble all documents that may be necessary to formulate an accurate and appropriate response to the plaintiff's complaint. In addition, currently assigned agency counsel will be leaving her current position, which will require the appointment of new agency counsel. Because existing agency counsel is still attempting to compile the documents necessary to formulate an appropriate and accurate response to plaintiff's complaint, and because of the imminent and unavoidable need to appoint new agency counsel who will need to become familiar with the facts of this matter, the defendant will need 60 more days to respond to the complaint. The Government expects that it will be able to file an appropriate response by August 29, 2005.

Case 1:05-cv-00410-MMS

Document 9

Filed 06/23/2005

Page 2 of 3

Granting this enlargement should not cause any material inconvenience, prejudice, or delay. Accordingly, we respectfully request that the Court enlarge by 60 days, from June 30, 2005 to and including August 29, 2005, the due date for the defendant's response.

Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/Todd M. Hughes TODD M. HUGHES 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 23, 2005 Attorneys for Defendant

Case 1:05-cv-00410-MMS

Document 9

Filed 06/23/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of June, 2005, a copy of the foregoing DEFENDANT"S 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