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

Case 1:04-cv-00655-RHH

Document 5

Filed 06/07/2004

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRUNLEY CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-655C (Judge Hodges)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 60-day enlargement of time, to and including August 13, 2004, within which to file a response to the complaint filed by plaintiff, Grunley Construction Company. Our response is currently due on June 14, 2004. This is our

first request for an enlargement of time for this purpose. Plaintiff's counsel has represented that plaintiff does not oppose this request. The requested enlargement of time is necessary because counsel for the United States has not yet received a litigation report from the agency. See 28 U.S.C. § 520. Agency counsel

needs additional time to assemble and evaluate relevant records obtained from the contracting officer. Once all available

records are located, we will need time to coordinate our response with the agency.

Case 1:04-cv-00655-RHH

Document 5

Filed 06/07/2004

Page 2 of 2

For the foregoing reasons, we respectfully request that the Court grant our unopposed motion to enlarge the time within which we may respond to the plaintiff's complaint by 60 days, to and including August 13, 2004.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0290 Facsimile: (202) 514-8624 June 7, 2004 Attorneys for Defendant