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

Case 1:04-cv-00635-CFL

Document 44

Filed 10/25/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-635C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant, the United States, respectfully requests that the Court enlarge by 60 days, to and including December 31, 2007, the deadline for the defendant to file its post-trial brief in the above-titled matter. This is the first request by the United States for an enlargement of time for this purpose. Defendant's post-trial brief is currently due on November 1, 2007. The United States further requests that all subsequent deadlines be enlarged by 60 days. Defendant has consulted with counsel for the plaintiff and counsel for the plaintiff has represented that the plaintiff does not oppose this request for an enlargement of time.1 In late September 2007, a new Government attorney was assigned to this matter because prior defense counsel, Brian Smith, is leaving the Department of Justice. As a result, new counsel requires time to become familiar with this case, the significant trial testimony, confer with the defense experts and agency counsel prior to drafting defendant's post-trial brief.

In response to defendant's request for an enlargement, plaintiff initially would only agree to a 30 day extension. Unfortunately, a 30 day extension would result in moving the closing argument to the middle of January when defense counsel is scheduled to be on paternity leave. Plaintiff then agreed to a 60 day extension, but requested that its reply be postponed until January 30, 2008 due to other commitments of plaintiff's counsel. Plaintiff's request is incorporated into the schedule provided at the end of this motion.

1

Case 1:04-cv-00635-CFL

Document 44

Filed 10/25/2007

Page 2 of 3

Granting this request for an enlargement should not cause any material inconvenience, prejudice, or delay. The defendant, therefore, proposes the following modified schedule: Defendant's Post-trial Brief Plaintiff's Reply Defendant's Sur-reply Closing Argument December 31, 2007 January 30, 2008 February 11, 2008 February 19, 2008

Accordingly, the defendant respectfully requests that the Court grant this motion to modify the post-trial briefing schedule in this case in accordance with the above schedule. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 307-0315 Fax: (202) 514-8624 October 25, 2007 Attorneys for Defendant

-2-

Case 1:04-cv-00635-CFL

Document 44

Filed 10/25/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 25th day of October 2007, a copy of the foregoing "DEFENDANT'S 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/ Robert C. Bigler