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

Case 1:04-cv-00461-BAF

Document 9

Filed 06/15/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CADDELL CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-461C ) (Judge Diane Gilbert Sypolt) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 32 days, to and including July 19, 2004, within which to respond to plaintiff's complaint. Defendant's response to plaintiff's This is our second Plaintiff's

complaint is currently due on June 17, 2004.

request for an enlargement of time for this purpose.

counsel has indicated that plaintiff does not oppose this motion. Upon receipt of the complaint, defendant's counsel of record promptly forwarded it to the United States Department of Veterans Affairs for investigation and comment. Although our earlier

communications with the United States Department of Veterans Affairs indicated that appropriate personnel were actively working on collecting information that is necessary to respond to the complaint, there was a communications delay within the Department of Veterans Affairs that prevented the cognizant personnel from receiving the necessary information to begin work upon this case until recently. The enlargement is necessary for

the United States Department of Veterans Affairs personnel to assemble the necessary information, and to transmit it to

Case 1:04-cv-00461-BAF

Document 9

Filed 06/15/2004

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defendant's counsel for examination and evaluation prior to formulation of the appropriate response, approval, and filing. For the foregoing reasons, we respectfully request the Court to grant our motion for an enlargement of time of 32 days. Respectfully submitted, PETER D. KEISLER Assistant Attorney General
DAVID M. COHEN Director s/Bryant G. Snee BRYANT G. SNEE Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant June 15, 2004

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