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

Case 1:04-cv-00481-GWM

Document 6

Filed 05/05/2004

Page 1 of 4

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

No. 04-481C (Judge G. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 days, to and including July 23, 2004, within which to file its response to plaintiff's complaint. Defendant's response This is defendant's

currently is due to be filed May 24, 2004.

first request for an enlargement of time for this purpose. Counsel for plaintiff has informed us that plaintiff does not oppose our request for an enlargement of time for this purpose. Upon receipt of the complaint, defendant promptly sent a copy to the Defense Contract Management Agency ("DCMA") with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1 Counsel for DCMA has

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a written statement of all facts, information, and proofs." 28

1

Case 1:04-cv-00481-GWM

Document 6

Filed 05/05/2004

Page 2 of 4

informed counsel for defendant that additional time is necessary for him to gather and review information necessary for preparation of the agency's litigation report and suggested response to the complaint. Completion of this task has been made

more difficult because agency counsel, as well as counsel for defendant, is in the process of preparing for trial in another case involving this plaintiff, Information Systems and Network Corp. v. United States, Fed. Cl. No. 98-663 (Judge Futey), that is scheduled to commence in Washington, D.C., on May 11, 2004. The requested enlargement of time is required so that agency counsel may have sufficient time to obtain from DCMA employees the relevant information needed to prepare the requested litigation report and suggested response to the complaint, and to prepare and deliver to defendant's counsel the litigation report and suggested response to the complaint. Once the litigation report is received, additional time is necessary so that defendant's counsel may have a sufficient opportunity to review the litigation report and suggested response to the complaint, obtain any additional information or clarification from DCMA, and prepare and file the Government's response to the complaint. Completion of this task prior to July

24, 2004 will be hampered somewhat because counsel for defendant currently is scheduled to be out of the office from June 25,

U.S.C. § 520. -2-

Case 1:04-cv-00481-GWM

Document 6

Filed 05/05/2004

Page 3 of 4

2004, through July 5, 2004, for a long-standing, scheduled vacation. For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8624 Attorneys for Defendant

OF COUNSEL: GREGORY T. ALLEN Trial Attorney Defense Contract Management Agency Manassas, Virginia

May 5, 2004

-3-

Case 1:04-cv-00481-GWM

Document 6

Filed 05/05/2004

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on May 5, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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. the Court's system. Parties may access this filing through

s/ David B. Stinson DAVID B. STINSON