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

Case 1:04-cv-00473-MBH

Document 71

Filed 06/30/2005

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 seven days, from June 30, 2005, to and including July 7, 2005, the due date for the parties' filing of the joint stipulations of uncontroverted fact mandated by this Court's June 20, 2005, oral order. This is the Government's second such request. Plaintiff does not oppose this request. Since this Court granted its prior enlargement of time to file, undersigned counsel made repeated attempts to contact plaintiff's counsel to discuss the proposed supplemental factual stipulations. On Wednesday, June 29, 2005, the parties were able to discuss by telephone the proposed additional stipulations and we are still discussing changes. However, given that only one day remains prior to the current due date, and given the internal review that said Second Joint Stipulations of Uncontroverted Fact will require, more time will be needed to make this filing. The Government is hopeful that, by next Thursday, July 7, 2005, the parties will be able to agree upon further joint stipulations that will assist the Court in its deliberations. Granting this enlargement of time should not cause any undue delay or prejudice.

Case 1:04-cv-00473-MBH

Document 71

Filed 06/30/2005

Page 2 of 3

Accordingly, we respectfully request that the Court enlarge by seven days, from June 30, 2005 to and including July 7, 2005, the due-date for parties' filing of the supplemental joint stipulations of uncontroverted fact in this matter.

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 June 30, 2005 Attorneys for Defendant

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Case 1:04-cv-00473-MBH

Document 71

Filed 06/30/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 30th day of June, 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