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

Case 1:05-cv-00114-EJD

Document 16

Filed 10/17/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS A.A.B JOINT VENTURE, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-114C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of two days, to and including October 21, 2005, within which to respond to plaintiff's first set of interrogatories. Defendant's response is presently due October 19, 2005. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has authorized us to state that plaintiff does not oppose this motion Defendant requires several additional items of information, and clarification of some information previously obtained, in order to complete its response to plaintiff's interrogatories. The persons likely to possess the requisite information are employees of the United States Army Corps of Engineers located in Israel, at the site of the construction project at issue in this litigation. Because of the six-hour time difference between Washington, D.C. and Israel, and because October 18, 2005, is a legal holiday in Israel, we were unable to consult with these employees on October 17, 2005, and we will not be able to do so until October 19, 2005. Additionally, Government counsel will be out of the office in religious observance of the Jewish holiday of Sukkoth on October 18 and 19, 2005. Government counsel had hoped to complete defendant's response to plaintiff's interrogatories by October 17, 2005, but, for the reasons described above, was unable to do so.

Case 1:05-cv-00114-EJD

Document 16

Filed 10/17/2005

Page 2 of 2

The enlargement of time we are requesting is necessary to allow Government counsel to obtain the requisite additional information and clarification and make any necessary additions or revisions to the draft interrogatory response For the foregoing reasons, we respectfully request that our motion for an enlargement of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director Filed electronically s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7643 Attorneys for Defendant October 17, 2005

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