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

Case 1:05-cv-00231-EJD

Document 113

Filed 09/05/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-231 T (Chief Judge Damich) ______________________________ JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant.

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UNITED STATES' MOTION FOR FURTHER EXTENSION OF TIME The United States, by its undersigned counsel, hereby moves pursuant to RCFC 6(b)(1) for a further ten (10) day enlargement of the time within which to file its reply brief in further support of its motion to amend its answer to assert a counterclaim for penalties. By order dated August 21, 2007, the court previously granted the United States an enlargement of time through September 7, 2007. As set forth in the Declaration of David M. Steiner, filed herewith, the United States has good cause for a further brief enlargement of time. The United States filed its Motion to Amend Pleadings to Assert Counterclaim for Penalties on July 23, 2007. Plaintiff filed its Response on August 9, 2007. On August 20, 2007, the United States moved for an extension of time to until September 7. As explained in the Declaration of

David M. Steiner, it was not expected that a further extension of time. However, due to exigent circumstances it is.

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Case 1:05-cv-00231-EJD

Document 113

Filed 09/05/2007

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On September 5, 2007, counsel for the United States requested Plaintiff's concurrence in this motion. Plaintiff's counsel stated that it would concur unless plaintiff were also allowed to file a sur-reply. A proposed order granting this motion is being filed herewith.

Respectfully submitted,

s/ Dennis M. Donohue DENNIS M. DONOHUE Attorney of Record Chief Senior Litigation Counsel U.S. Department of Justice - Tax Division Post Office Box 403 Ben Franklin Station Washington, D.C. 20044 (202) 307-6492

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Case 1:05-cv-00231-EJD

Document 113

Filed 09/05/2007

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CERTIFICATE OF SERVICE I hereby certify that on September 5, 2007, I electronically filed the foregoing Motion for Further Extension to Reply to Plaintiff's Response to the United States' Motion for Leave to Amend Answer to Assert Counterclaim for Penalties with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Joel N. Crouch Texas State Bar No. 05144220 Meadows, Collier, Reed Cousins & Blau, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 s/ David M. Steiner David M. Steiner Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892

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