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

Case 1:04-cv-00632-LJB

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Filed 01/18/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS AND NETWORKS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 04-632C (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests the Court to grant an enlargement of time of 56 days, to and including March 16, 2005, within which to file our response to the amended complaint. Our response is due on January 19, 2005.

This is our second request for an enlargement of time for this purpose, the Court having granted an enlargement of 30 days. Counsel for plaintiff, Information Systems And Networks, Corporation ("Info Systems"), has authorized us to state that Info Systems does not oppose this motion. The original complaint identified a tripartite contract between Info Systems, the Small Business Administration, and the Air Force as the basis for liability. The amended complaint

identifies a "separate" contract with the Small Business Administration as the basis for liability. Accordingly, counsel

for the United States has made a formal request to the Small Business Administration ("SBA") for a litigation report. Counsel

for the SBA has begun a search for relevant documents; it is possible that no such documents still remain in SBA files.

Case 1:04-cv-00632-LJB

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Filed 01/18/2005

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On January 10, 2005, counsel began trial in Short Brothers PLC v. United States, No. 98-894C (Fed. Cl.). On January 14,

2005, trial was interrupted because counsel for the United States suffered a serious eye injury. Trial will resume on February 7,

2005, and is expected to continue throughout the month of February. Because of counsel's eye injury, his working hours must be limited to some extent. In any event, counsel will be unable to

devote himself to this case until the trial is complete at or near the end of February. Some time will be needed to draft the response to the amended complaint. In addition, time will be needed for review

of the draft response by counsel for the agencies and by supervisors within the Department of Justice. For the reasons set forth above, we respectfully request that the Court grant our unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director S/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director S/ James W. Poirier JAMES W. POIRIER

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Case 1:04-cv-00632-LJB

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Filed 01/18/2005

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Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 January 18, 2005 Attorneys for Defendant

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Case 1:04-cv-00632-LJB

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Filed 01/18/2005

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CERTIFICATE OF FILING I hereby certify that on January 18, 2005, a copy of the 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. the Court's system. S/ James W. Poirier Parties may access this filing through