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

Case 1:04-cv-00473-MBH

Document 89

Filed 01/05/2006

Page 1 of 3

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

No. 04-00473 (Judge Horn)

DEFENDANT'S UNOPPOSED MOTION FOR 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 14 days, from January 9, 2006, to and including January 23, 2006, the due date for the parties' filing of the Joint Stipulations of Fact and Joint Stipulations of Law mandated by this Court's December 9, 2005, order. This is the Government's first such request. Plaintiff does not oppose this motion. Since this Court's December 9, 2005 order, the Air Force has given preliminary feedback regarding plaintiff's settlement offer, which have informed undersigned counsel's discussions with plaintiff's counsel. Despite repeated attempts on the part of undersigned counsel to contact plaintiff's counsel, attorneys for bother parties were not able to talk until the morning of January 5, 2006. Plaintiff's counsel was not able to discuss the Joint Stipulations of Fact and Law at this time. In addition, the present unresolved nature of settlement discussions prevents the parties from assessing which issues remain to be resolved through dispositive motions. The Government is hopeful that, by January 23, 2006, the parties will be able to discuss this case and formulate required filings for this Court. Granting this enlargement of time should not cause any undue delay or prejudice.

Case 1:04-cv-00473-MBH

Document 89

Filed 01/05/2006

Page 2 of 3

Accordingly, we respectfully request that the Court enlarge by 14 days, from January 9, 2006 to and including January 23, 2006, the due date for the parties' filing of the Joint Stipulations of Fact and Joint Stipulations of Law mandated by this Court's December 9, 2005, order.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ James M. Kinsella JAMES M. KINSELLA Deputy Director s/ James D. Colt JAMES D. COLT Trial Attorney Department of Justice Civil Division Commercial Litigation Branch Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 January 5, 2005 Attorneys for Defendant

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Case 1:04-cv-00473-MBH

Document 89

Filed 01/05/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of January, 2005, 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 of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ James D. Colt