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

Case 1:04-cv-00635-CFL

Document 5

Filed 06/01/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-635C ) (Judge Charles F. Lettow) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 days, to and including August 17, 2004, within which to respond to plaintiff's complaint. Defendant's response to plaintiff's This is our first Plaintiff's

complaint is currently due on June 18, 2004.

request for an enlargement of time for this purpose.

counsel has indicated that plaintiff does not oppose this motion. Upon receipt of the complaint, defendant's counsel of record promptly forwarded it to the United States Navy for investigation and comment. The United States Navy personnel are actively

working on collecting information that is necessary to respond to the amended complaint, but cannot provide complete and accurate information in the present time frame. The enlargement is

necessary for the United States Navy personnel to assemble the necessary information, and to transmit it to defendant's counsel for examination and evaluation prior to formulation of the appropriate response, approval, and filing. For the foregoing reasons, we respectfully request the Court to grant our unopposed motion for an enlargement of time of 60 days.

Case 1:04-cv-00635-CFL

Document 5

Filed 06/01/2004

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General
DAVID M. COHEN Director s/Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant June 1, 2004

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