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

Case 1:04-cv-00718-ECH

Document 30

Filed 01/24/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CW GOVERNMENT TRAVEL, INC., Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) No. 04-718C ) (Judge Hewitt) ) ) )

DEFENDANT'S MOTION OUT OF TIME FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b), defendant respectfully requests an enlargement of time, out of time, of an additional 1 business day, to and including January 24, 2005, within which to file a response to plaintiff's complaint. Pursuant to this Court's

December 30, 2004 Opinion and Order, defendant's answer was due on January 20, 2005. However, because January 20 was

Inauguration Day, and the Federal Government in Washington, D.C. was officially closed, our due date would have been January 21, 2005. Plaintiff's counsel has indicated that he does not oppose

this motion. Defendant's counsel required additional time to prepare the answer because the agency requested additional time to review her proposed responses. Because the request for additional time from

the agency did not reach defendant's counsel until late on Tuesday, January 18, 2005, and because defendant's counsel was not in the office on January 19, 2005, she could not request an enlargement of time prior to January 20.

Case 1:04-cv-00718-ECH

Document 30

Filed 01/24/2005

Page 2 of 4

As this Court is aware, the facts involved in this case have changed since the case was filed in April 2004, and the agency's litigation report and proposed responses to plaintiff's complaint required updating. Moreover, agency counsel originally assigned

to the case has left the Department of the Army, so the newly assigned counsel required time to familiarize himself with the facts involved in this case. Finally, defendant's counsel was

not in the office on January 21, 2005, and could not file the answer on that day. Accordingly, defendant's counsel needed one

additional day to finalize the answer and file it with this Court. For the foregoing reasons, defendant respectfully requests the Court to grant an enlargement of time, out of time, to and including January 24, 2005, within which to respond to plaintiff's complaint. with this motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Todd M. Hughes for James Kinsella JAMES M. KINSELLA Deputy Director The answer is being filed simultaneously

2

Case 1:04-cv-00718-ECH

Document 30

Filed 01/24/2005

Page 3 of 4

s/Lisa B. Donis LISA B. DONIS Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Attorneys for Defendant JANUARY 24, 2005

3

Case 1:04-cv-00718-ECH

Document 30

Filed 01/24/2005

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on JANUARY 24, 2005, a copy of foregoing "Motion Out of Time 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. system. Parties may access this filing through the Court's

s/Lisa B. Donis LISA B. DONIS

4