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

Case 1:05-cv-00183-NBF

Document 28

Filed 09/07/2006

Page 1 of 2

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

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of two calendar days, to and including September 13, 2006, to file its cross motion for summary judgment and response to plaintiff's motion for summary judgment ("the cross motion"). We also request that the Court's scheduling order of July 18, 2006 be amended to add a corresponding two days to the dates that the subsequent reply briefs are due, making plaintiff's reply due on September 27, 2006 and the Government's reply due on October 12, 2006. The cross motion is presently due September 11, 2006. This is the first request for an enlargement of time to file the cross motion. Government counsel has discussed this motion with plaintiff's counsel and represents that plaintiff does not oppose it. The additional time is requested because Government counsel was recently assigned to be lead counsel in the bid protest of Northrop Grumman v. United States, No. 06-607C (Judge Block) and has had a significant amount of his time absorbed by preparation of the administrative record and other duties related to that case. Nevertheless, the two extra days sought should be sufficient to allow for completion of the cross motion. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time.

Case 1:05-cv-00183-NBF

Document 28

Filed 09/07/2006

Page 2 of 2

Respectfully Submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Mark D. Melnick MARK D. MELNICK Assistant 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 September 7, 2006 Attorneys for Defendant

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