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

Case 1:04-cv-00794-NBF

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Filed 06/28/2004

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

04-794C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests the Court to enlarge the deadline for defendant's response to the complaint filed by plaintiff, SPW Engineering ("SPW"), by an additional 14 days, to and including July 20, 2004. Defendant's response currently is due July 6, 2004. This is defendant's first motion for this purpose. Counsel for defendant has conferred with counsel for plaintiff, and is authorized to state that plaintiff does not oppose this motion. This motion is necessary due to the delay experienced by defense counsel in receiving plaintiff's complaint. Although the complaint was filed on May 6, 2004, counsel for defendant did not receive a copy of the complaint until on or about May 18, 2004. As a result, the current deadline will not allow counsel for defendant an adequate opportunity to consult with Department of the Army

Case 1:04-cv-00794-NBF

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Filed 06/28/2004

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personnel and prepare defendant's response to the complaint. Moreover, the current deadline will not permit the Army sufficient time to complete the factual review necessary to respond to the complaint. The requested enlargement will allow the Army sufficient time to complete its factual review and permit the Government an adequate opportunity to prepare its response to the complaint. Accordingly, the Government respectfully requests the Court to grant this unopposed motion to enlarge the deadline for its response to the complaint by 14 days, to and including July 20, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Assistant Director

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Case 1:04-cv-00794-NBF

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Filed 06/28/2004

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/s/ Gregory T. Jaeger GREGORY T. JAEGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 (202) 353-7955 June 28, 2004 Attorneys for Defendant

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Case 1:04-cv-00794-NBF

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Filed 06/28/2004

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CERTIFICATE OF FILING I hereby certify that on June 28, 2004, a copy of the foregoing DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ Gregory T. Jaeger