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

Case 1:05-cv-00194-RHH

Document 5

Filed 04/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CITY OF TACOMA, DEPARTMENT OF ) PUBLIC UTILITIES, LIGHT DIVISION, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-194 C (Judge Hodges)

DEFENDANT'S UNOPPOSED REQUEST FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 25 days, to and including May 3, 2005, to respond to plaintiff's complaint. Our response is currently due on April 8, 2005. This is defendant's first request for an enlargement of time for this purpose. Plaintiff's counsel has stated that plaintiff would not oppose the Government's motion. Defendant's counsel has contacted the Department of the Air Force in order to obtain information about this case. She has not yet received a litigation report or a draft answer which are needed in order to respond to the complaint. Defendant's counsel expects to receive this information during the week of April 11-15 or 18-22, 2005. Once defendant's counsel receives this information, she will require at least two weeks to review it in order to prepare the Government's response to the complaint. In addition, once the Government's counsel receives the Air Force's litigation, she will be required to attend to other matters. During the week of April 11-15, 2005, defendant's counsel of record is required to report for jury duty to the Superior Court of the District of Columbia and to attend a training session in connection with revisions to the computer system at the Department of Justice. Moreover, during that week, defendant's counsel of record is required to file a reply

Case 1:05-cv-00194-RHH

Document 5

Filed 04/04/2005

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brief in connection with Helix Electric, Inc. v. United States, No. 02-278C (Fed. Cl.). During the week of April 18-22, 2005, defendant's counsel is required to appear at status conferences in connection with O. Ahlborg & Sons, Inc. v. United States, No. 02-272C (Fed. Cl.), and Arnold, et al. v. United States, No. 99-1001C (Fed. Cl.). For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: BRYAN O'BOYLE Department of the Air Force 1501 Wilson Boulevard Arlington, VA 22209-2403 /s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Facsimile: (202) 514-8624 Attorneys for Defendant APRIL 4, 2005

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Case 1:05-cv-00194-RHH

Document 5

Filed 04/04/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 4th day of April, 2005, I caused to be served by United States mail (first class, postage prepaid) copies of defendant's "DEFENDANT'S UNOPPOSED REQUEST FOR AN ENLARGEMENT OF TIME" addressed as follows: George S. Karavitis Chief Assistant City Attorney Department of Public Utilities P.O. Box 11007 Tacoma, Washington 98411 Phone: (253) 502-8348 /s/ Sheryl L. Floyd