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

Case 1:02-cv-01795-JFM

Document 110

Filed 12/23/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) THE SWEETWATER, A WILDERNESS ) LODGE LLC, ) ) Plaintiff, ) ) No. 02-1795C v. ) (Senior Judge Merow) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) DEFENDANT'S UNOPPOSED OUT-OF-TIME MOTIONS FOR ENLARGEMENT OF TIME AND LEAVE TO FILE OVERLENGTH BRIEF Defendant, the United States, respectfully requests an out-of-time enlargement of one day, to and including December 23, 2005, within which to file and serve our post-trial brief and proposed findings of fact. The parties' post-trial briefs and proposed findings of fact were due on December 22, 2005. Plaintiff's counsel has stated that plaintiff does not oppose this request. The requested enlargement is necessary because defendant's counsel encountered difficulties electronically printing the brief yesterday evening. Defendant also respectfully requests leave to file a 67-page post-trial brief, in the event that the 40-page limit for briefs in Rule 5.2(b)(1) of the Rules of the Court of Federal Claims applies to post-trial briefs. Addressing the many legal and factual issues presented by plaintiff's different legal theories and the nearly 3,000 page trial transcript required a brief that exceeded 40 pages, but that we hope will be of greatest assistance to the Court in deciding the case. For the foregoing reasons, we respectfully request that the Court grant our motion for

Case 1:02-cv-01795-JFM

Document 110

Filed 12/23/2005

Page 2 of 3

an enlargement of time of one day, to and including December 23, 2005, to file our post-trial brief and proposed findings of fact, and also our motion for leave to file a 67-page post-trial brief.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Kathryn A. Bleecker by Bryant M. Snee KATHRYN A. BLEECKER Assistant Director

s/ John H. Williamson JOHN H. WILLIAMSON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice ATTN: Classification Unit 1100 L St. N.W., 8th floor Washington, D.C. 20530 Tel: (202) 307-0277 Fax: (202) 307-0972 December 23, 2005 Attorneys for Defendant

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Case 1:02-cv-01795-JFM

Document 110

Filed 12/23/2005

Page 3 of 3

CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 23th day of December, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED OUT-OF-TIME MOTION FOR ENLARGEMENT OF TIME AND LEAVE TO FILE OVERLENGTH BRIEF" 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/ John H. Williamson