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

Case 1:05-cv-00170-LAS

Document 8

Filed 05/12/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SWANSON GROUP, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-170C (Senior Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time within which to file its response to plaintiff's complaint, pending the Court's decision on plaintiff's May 6, 2005 unopposed motion to consolidate case numbers 05-170C and 05-171C. Our response is currently due on May 12, 2005. We respectfully request that the Court allow defendant to file its response 14 days after the Court issues an order on the motion to consolidate. This is defendant's second request for an enlargement of time. Defendant previously requested and the Court previously granted a 45-day enlargement of time to respond to the complaint. The plaintiff, through counsel, has been contacted by telephone regarding this request and does not oppose. The enlargement is requested because on May 6, 2005, plaintiff filed an unopposed motion to consolidate case numbers 05-170C, pending before Senior Judge Smith, and 05-171C, pending before Judge Hodges. Plaintiff indicated in its motion that the parties believe that these cases are closely related to each other and are appropriate for consolidation before Senior Judge Smith. Defendant believes it is in the interest of judicial economy to file its response to

Case 1:05-cv-00170-LAS

Document 8

Filed 05/12/2005

Page 2 of 2

plaintiff's complaint after the Court has ruled upon plaintiff's motion. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time pending the Court's decision on plaintiff's motion to consolidate, with defendant to file its response to plaintiff's complaint 14 days from the date of the Court's order on plaintiff's motion to consolidate. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Lindsay Williams LINDSAY WILLIAMS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Phone: (202) 353-7995 Fax: (202) 514-8624 May 12, 2005 Attorneys for Defendant