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

Case 1:05-cv-00183-NBF

Document 6

Filed 03/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KAEPER MACHINE, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) No. 05-183C ) ) (Judge Firestone) ) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 30 calendar days, to and including May 4, 2005, in which to respond to plaintiff's complaint. Defendant's response is presently due April 4, 2005. This is defendant's first request for an enlargement of time. Government counsel has informed plaintiff's counsel of this motion and represents that plaintiff does not oppose it. The additional time is requested so Government counsel can adequately prepare and file the Government's response to the complaint. Government counsel has requested a litigation report from the appropriate agency, which is the Defense Logistics Agency. The agency headquarters forwarded the complaint and request for litigation report to agency counsel in Ohio, who is better able to provide the factual basis for a litigation report. The delay occasioned by this re-assignment, however, has prevented agency counsel from being able to prepare the litigation report in a timely manner. Thus, the additional time requested is necessary for Government counsel to adequately investigate the facts of this case and respond to the allegations in plaintiff's complaint.

Case 1:05-cv-00183-NBF

Document 6

Filed 03/24/2005

Page 2 of 2

For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully Submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/James M. Kinsella JAMES M. KINSELLA Deputy Director

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7586 Fax: (202) 514-7969 March 24, 2005 Attorneys for Defendant

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