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

Case 1:04-cv-00635-CFL

Document 32

Filed 06/15/2007

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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, the United States, respectfully requests the Court to grant a seven-day enlargement of time, from June 18, 2007, to and including June 25, 2007, within which to file our pretrial submissions. this purpose. We have sought no prior enlargements for

Plaintiff's counsel has indicated that plaintiff

does not oppose this motion. Since receipt of plaintiff's pretrial submission on May 21, 2007, defendant's counsel has been obligated by significant matters that will prevent us from completing our pretrial submission in the current time frame. Those obligations include

a summary judgment reply brief in Geo Seis v. United States, Fed. Cl. No. 07-155C (May 24, 2007); an evidentiary hearing in Geo Seis v. United States, Fed. Cl. No. 07-155C (May 30, 2007); a summary judgment reply brief in GASA v. United States, Fed. Cl. No. 01-643 (June 1, 2007); out of town discovery in Kiewit v. United States, Fed. Cl. No. 06-796 (June 4-8, 2007), and a posttrial brief in Caddell v. United States, Fed. Cl. No. 04-461 (

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Case 1:04-cv-00635-CFL

Document 32

Filed 06/15/2007

Page 2 of 3

15, 2007), as well as numerous other case-related activities. Although we are currently preparing our pretrial submission, and have made substantial progress, during the current time frame, we require an additional seven days to complete the task. The enlargement is necessary to facilitate the completion of the pretrial submission, provide adequate time for supervisory approval, and to ensure that the pretrial submission is thorough and of the most benefit to the Court. For the foregoing reasons, we respectfully request that our motion be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Deborah A. Bynum DEBORAH A. BYNUM 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 15, 2007

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Case 1:04-cv-00635-CFL

Document 32

Filed 06/15/2007

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CERTIFICATE OF FILING I hereby certify that on June 15, 2007, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN 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/Brian S. Smith

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