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

Case 1:05-cv-00281-NBF

Document 13

Filed 06/22/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

UNISYS CORPORATION,

) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

No. 05-281C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to RCFC 6(b) and 6.1, defendant, the United States of America, respectfully requests an enlargement of time of 14 days (to and including July 7, 2005) within which to respond to plaintiff's Complaint, filed March 9, 2005. Absent the requested enlargement, defendant would be required to respond to the Complaint on or before June 23, 2005. See Clerk's Notice dated May 9, 2005. This is defendant's second request for an enlargement of time for this purpose, defendant's first request (for a 45-day enlargement) having been granted by the Clerk of Court under RCFC 77.2(a). Id. On June 22, 2005, undersigned counsel for defendant discussed the motion with Terry L. Albertson, Esq., counsel for plaintiff, who stated that plaintiff would not oppose defendant's motion. The requested enlargement is needed in order to allow an adequate opportunity for defendant to review the agency's litigation report that was received last week, consider the allegations in plaintiff's Complaint, and prepare an appropriate response. Plaintiff's Complaint

Case 1:05-cv-00281-NBF

Document 13

Filed 06/22/2005

Page 2 of 3

raises a number of complicated legal and factual issues regarding the proper interpretation and application of Cost Accounting Standard 413 to the transaction at issue in this case. For the foregoing reasons, defendant respectfully requests that the Court enter an order granting the requested enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: STEPHEN R. DOOLEY Supervisory Trial Attorney Defense Contract Management Agency 495 Summer Street Boston, MA 02210 Dated: June 22, 2005 s/ C. Coleman Bird C. COLEMAN BIRD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: 202.307.0453 Facsimile: 202.514.7965 Attorney for Defendant United States of America

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Case 1:05-cv-00281-NBF

Document 13

Filed 06/22/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on the 22nd day of June, 2005, a copy of the foregoing Defendant's 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. Parties may access this filing through the Court's system. s/ C. Coleman Bird