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

Case 1:04-cv-00473-MBH

Document 39

Filed 12/16/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

M.G. CONSTRUCTION, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 04-00473 (Judge Horn)

DEFENDANT'S 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 60 days, from December 27, 2004, to and including February 25, 2005, the due date for the defendant's response to Plaintiff's Third Amended Complaint. This is the Government's first such request. Undersigned counsel has contacted plaintiff's counsel to seek his opinion on this enlargement and we have not received a response. At the status conference on December 8, 2004, the Court instructed opposing counsel to file a Third Amended Complaint in the above-titled matter. Undersigned counsel understands that the plaintiff's complaint will be further amended and that the Court does not wish us to file a response to the Third Amended Complaint. Accordingly, we are requesting 60 additional days to file any response. Granting this enlargement of time should not cause any undue delay or prejudice. Accordingly, we respectfully request that the Court enlarge by 60 days, from December 27, 2004 to and including February 25, 2005, the due-date for defendant's response to Plaintiff's Third Amended Complaint.

Case 1:04-cv-00473-MBH

Document 39

Filed 12/16/2004

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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 Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 514-7300 Fax: (202) 307-0972 December 16, 2004 Attorneys for Defendant

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Case 1:04-cv-00473-MBH

Document 39

Filed 12/16/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 16th day of December, 2004, a copy of the foregoing DEFENDANT'S 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