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

Case 1:05-cv-00216-SGB

Document 7

Filed 05/19/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JERRY C. MILLS, D/B/A/, JCM TIMBER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-216C (Judge Braden)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of 21 calendar days, to and including June 10, 2005, in which to respond to plaintiff's complaint. Defendant's response is presently due May 20, 2005. This is defendant's second request for an enlargement of time. Counsel for the United States has conferred with plaintiff's counsel, and plaintiff's counsel has agreed to this extension. The additional time is required for Government counsel to adequately prepare and file the Government's response to the complaint. Upon receipt of the litigation report from the United States Department of Agriculture, Forest Service, Government counsel was made aware that this case may be suitable for disposition by motion in lieu of an answer, particularly as the defenses to be raised relate to contract interpretation. The additional time is necessary to prepare the Government's motion, and obtain a declaration from the contracting officer in Jackson, Mississippi. Moreover, Government counsel is handling several other matters before this Court and the United States Court of Appeals for the Federal Circuit which have deadlines in late May and

Case 1:05-cv-00216-SGB

Document 7

Filed 05/19/2005

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early June 2005 (e.g., Accounting Technical Management Services, Inc. v. United States, Fed. Cl. No. 02-1163, depositions scheduled in Panama City, Florida for May 26-27, 2005; Record Steel v. United States, Fed. Cl. No. 03-2274, discovery ends June 3, 2005; Anderson v. United States, Fed. Cl. No. 03-2671, depositions scheduled in Philadelphia, Pennsylvania for June 3-6, 2005; Thomas v. Department of Veterans Affairs, Fed. Cir. No. 05-7019, oral argument June 9, 2005). For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Donald E. Kinner DONALD E. KINNER Assistant Director /s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] May 19, 2005 Attorneys for Defendant

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Case 1:05-cv-00216-SGB

Document 7

Filed 05/19/2005

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CERTIFICATE OF FILING I hereby certify that on this 19th day of May, 2005, a copy of the foregoing 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/

Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice