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

Case 1:02-cv-01500-GWM

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Filed 07/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JACOBS ENGINEERING GROUP, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 02-1500C (Judge George W. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests that the Court grant our unopposed motion for an enlargement of time of 14 days, to and including August 28, 2006, to file our response to the motion for summary judgment filed by the plaintiff, Jacobs Engineering Group, Inc. ("Jacobs"). Our brief is due on August 14, 2006. This is our first

request for an enlargement of time for this purpose. Counsel for Jacobs has authorized us to state that Jacobs does not oppose this motion for an enlargement of time. Because of the press of other business, counsel has been unable to devote time to this matter, and counsel does not expect to have sufficient time to complete necessary work by August 14, 2006. Since Jacobs filed its brief on July 14, 2006, counsel has completed substantial work upon a formal brief in Harper v. DVA, 2006-7167 (Fed. Cir.), prepared a draft memorandum for the Solicitor General in connection with a recent

Case 1:02-cv-01500-GWM

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decision, Gose v. United States Postal Service, 451 F.3d 831 (Fed. Cir. 2006), defended a deposition for a colleague (who was required to attend a hearing related to a bid protest on short notice) in SSA Marine, Inc. v. United States, No. 05490C (Fed. Cl.), defended a deposition in HM2 Corporation v. United States, No. 05-551C (Fed. Cl.), and negotiated a proposed settlement in J.H. Parker Construction Company, Inc. v. United States, No. 04-471C (Fed. Cl.). During the next few weeks, counsel expects to continue to be extremely busy. On July 31, 2006, counsel must file a

joint status report in CPN Cascade, Inc. v. United States, No. 05-1316C (Fed. Cl.), and file an informal brief in DiMaggio v. USPS, 2006-3247 (Fed. Cir.). During the week of

July 31, 2006, he must write a settlement memorandum for the Parker case. On August 7, 2006, he is due to file a

response to the complaint in Shirley M. Priest v. United States, No. 06-346C (Fed. Cl.). On August 8, 2006, and

August 11, 2006, he must defend depositions in the HM2 case. On August 21, 2006, he is due to file a formal brief in the Harper case. On August 22, 2006, he must attend a status

conference in Arco Management Corp. v. United States, No. 04-1782C. tasks. -2Counsel must also perform many other, smaller

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In addition, time is needed for preparation of the response to the motion for summary judgment, and for review of the final draft brief by counsel for the agency and supervisors at the Department of Justice. Respectfully submitted, PETER D. KEISLER Assistant Attorney General S/ David M. Cohen DAVID M. COHEN Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 July __, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on July __, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice

of this filing will be sent to all parties by operation of the Court's electronic filing system. this filing through the Court's system. S/ James W. Poirier Parties may access