Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-00170-LAS

Document 11

Filed 06/17/2005

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

Nos. 05-170C; 05-171C (Senior Judge Smith)

THE UNITED STATES, Defendant.

DEFENDANT'S MOTION FOR LEAVE OF COURT TO FILE OUT OF TIME ANSWERS DUE JUNE 16, 2005 Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims ("RCFC"), defendant, United States, respectfully requests that the Court grant it leave to file out of time its answers to plaintiff's complaints, which were originally due yesterday, June 16, 2005. The plaintiff through counsel has been contacted and does not oppose this motion. Defendant had originally filed a motion for an enlargement of time to file its response to plaintiff's complaints, requesting that the Court allow defendant to file its response 14 days from the date the Court issued its order on plaintiff's motion to consolidate case numbers 05-170C and 05-171C. The Court granted defendant's motion for an enlargement of time on May 12, 2005. The Court issued its order consolidating the two cases on June 2, 2005. Thus, defendant's response to plaintiff's complaints was due on June 16, 2005. Defendant's answers were prepared and ready to file on June 16, 2005. The undersigned, however, miscalculated the due date, thinking they were due today, June 17, 2005. Accordingly, defendant respectfully requests that the Court allow it to file the status report out of time. We regret this error and will take steps to ensure that it will not occur in the future.

Case 1:05-cv-00170-LAS

Document 11

Filed 06/17/2005

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director OF COUNSEL: MARCUS WAH Associate Regional Attorney USDA-OGC, Pacific Region 1734 Federal Building 1220 S.W. Third Ave. Portland, OR 97204-2825 s/Lindsay E. Williams LINDSAY E. WILLIAMS Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 353-7995 Fax. (202) 514-8640 Attorneys for Defendant

Dated: June 17, 2005

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