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

Case 1:03-cv-01155-LB

Document 54

Filed 10/10/2006

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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 49 days, to and including December 4, 2006, within which to reply to defendant's cross-motion for summary judgment. This is the first enlargement requested for this purpose. As good cause therefore, plaintiff states that defendant's motion raises an issue that is not briefed in plaintiff's motion for summary judgment, necessitating an assessment of whether said issue has any merit. In order to draft an appropriate response to defendant's motion, plaintiff's attorneys have forwarded the pleadings to plaintiff and have requested an analysis of defendant's response by plaintiff's attorneys' Senior Tax Interest Technical Director.

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Case 1:03-cv-01155-LB

Document 54

Filed 10/10/2006

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The time requested herein is necessary to permit the plaintiff's staff to provide us with its comments, and for plaintiff's attorneys to evaluate and frame an appropriate reply to defendant's cross-motion. In addition, one of plaintiff's attorneys ability to work on the reply has been hampered by a two-week absence. 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,

October 10, 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 54

Filed 10/10/2006

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CERTIFICATE OF SERVICE

I certify that service of the foregoing document has, this 10th day of October, 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]

October 10, 2006

NY2:#4681560v1 10/10/06 12:26 PM