Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:04-cv-00632-LJB

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Filed 04/25/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

INFORMATION SYSTEMS & NETWORKS CORPORATION,

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. )

No. 04-632C (Judge Bush)

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE ITS OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Information Systems & Networks Corporation ("plaintiff or ISN"), by its undersigned attorney, moves this Honorable Court for an Order, pursuant to RCFC Rule 6(b), granting ISN a 30 day enlargement of time to May 23, 2005 to file its Opposition to Defendant's Motion for Summary Judgment filed on March 10, 2005. this motion, ISN states the following: 1. This motion is unopposed. On April 22, 2005, ISN's In support of

counsel conferred via e-mail with defendant's counsel as required by RCFC Rule 6.1. Defendant's counsel indicated,

also by e-mail, that he would not oppose this motion and he further agreed to a 30-day enlargement of time from April 22, 2005, the date ISN discovered that defendant's Motion for Summary Judgment was filed, to May 23, 2005. 2. Although this motion for enlargement of time is being

filed by ISN out of time, the delay in filing is attributable to excusable neglect as defined by RCFC Rule 6(b).

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3.

The excusable neglect is as follows:

Pleadings in this

case are filed electronically under this Court's Case Management/Electronic Case Files ("CM/ECF") system. As

ISN's counsel of record in this case, Norman Singer should have received an e-mail from CM/ECF containing defendant's Motion for Summary Judgment Concerning Amended Complaint when it was filed on March 10, 2005. Unfortunately, no such

e-mail was ever received by Mr. Singer even though the CM/ECF system had him listed as ISN's counsel on this case. Efforts to pinpoint the cause of this failure to be served electronically were to no avail (Mr. Singer's e-mail contained no record of an e-mail from CM/ECF regarding defendant's motion). Regardless of the technical reason for

his failure to be properly served with the motion by CM/ECF, Mr. Singer did not have knowledge about the existence of defendant's motion for summary judgment until April 22, 2005, long after the deadline for ISN's opposition and/or a motion for enlargement passed. 4. Upon its April 22, 2005 discovery of defendant's

filing, ISN's counsel took immediate steps to obtain a copy of the summary judgment motion from the defendant and to draft this motion to the Court. ISN's tardiness in filing

this motion was due to circumstances beyond its control (i.e. an e-mail transmission error) and therefore constitutes excusable neglect. WHEREFORE, for the reasons stated, ISN respectfully requests that this Court enter an Order granting ISN's

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Unopposed Motion for Enlargement of Time to File Its Opposition to Defendant's Motion for Summary Judgment and further order that the deadline for filing ISN's Opposition to Defendant's Motion for Summary Judgment be extended to May 23, 2005, 30 days from the date ISN received Defendant's Motion. Dated: April 25, 2005 Respectfully Submitted, SINGER & ASSOCIATES, PC

By:

_s/ Norman H. Singer_________ NORMAN H. SINGER, Esquire 10411 Motor City Drive Suite 725 Bethesda, Maryland 20817 Tel. (301) 469-0400 Fax (301) 469-0403
Counsel for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Plaintiff's UNOPPOSED Motion For Enlargement of time TO File ITS OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT was filed electronically this 25th day of April, 2005, and served via email on counsel for defendant by virtue of electronic filing.

s/ Norman H. Singer_______ NORMAN H. SINGER, Esquire

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