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

Case 1:05-cv-00170-LAS

Document 6

Filed 03/24/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SWANSON GROUP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

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 a 45-day enlargement of time, to and including May 12, 2005, within which to file its response to the complaint. Our response is currently due on March 28, 2005. This is defendant's first request for an enlargement of time for this purpose. The plaintiff, through counsel, has been contacted by telephone regarding this request and does not oppose. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the United States Forest Service ("USFS"), as required by 28 U.S.C. § 520. Agency counsel has stated that USFS is working diligently to complete the litigation report and that it will be provided to the undersigned as soon as possible. The contracting officer assigned to the contract at issue in this case is currently working part-time, thus the agency is experiencing some delay in obtaining the required information. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint.

Case 1:05-cv-00170-LAS

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/ 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 March 24, 2005 Attorneys for Defendant