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

Case 1:03-cv-01155-LB

Document 55

Filed 11/29/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE COCA-COLA COMPANY & SUBSIDIARIES, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-1155 T The Honorable Lawrence J. Block

________________ MOTION FOR ENLARGEMENT OF TIME ________________

Plaintiff, The Coca-Cola Company & Subsidiaries, in accordance with Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), respectfully moves the Court for an enlargement of 45 days, to and including January 18, 2007, within which to reply to defendant's cross-motion for summary judgment. This is the second enlargement requested for this purpose, the first having been granted for 49 days. As good cause therefore, plaintiff states that an unanticipated amount of time was needed to fully research, verify and prepare a response to the allegations set forth in Defendant's Proposed Findings of Uncontroverted Facts. Plaintiff's attorneys have consulted with its Senior Tax Interest Technical Director and have determined that additional time is necessary to prepare

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Case 1:03-cv-01155-LB

Document 55

Filed 11/29/2006

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a complete response to defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment. We are authorized to state that defendant has no objection to this motion. WHEREFORE, plaintiff respectfully requests that the motion for enlargement of time be granted.

Respectfully submitted,

November 29, 2006

s/Joseph M. Persinger Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP One Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5072 Fax: (212) 822-5072 Email: [email protected] Attorney for Plaintiff

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Case 1:03-cv-01155-LB

Document 55

Filed 11/29/2006

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CERTIFICATE OF SERVICE

I certify that service of the foregoing document has, this 29th day of November, 2006, been made on defendant's counsel by electronically filing the same with the Court. Should the Court be unable to electronically transmit a copy of the foregoing to the defendant's counsel, plaintiff respectfully requests the Clerk of the Court to mail a copy of the foregoing document to the following address:

W.C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, DC 20044

s/Joseph M. Persinger Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP 1 Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5072 Fax: (212) 822-5072 Email: [email protected]

November 29, 2006

NY2:#4718005v1 11/29/06 12:39 PM