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

Case 1:03-cv-00626-TCW

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Filed 05/20/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Gulf Insurance Co., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-626C (Senior Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests a 60day enlargement of time, to and including July 21, 2003, to file a response to the complaint filed by plaintiff, Gulf Insurance Co. Our response is currently due on May 20, 2003. This is our

first request for an enlargement of time. does not oppose this request.

Plaintiff's counsel

The requested enlargement of time is necessary because counsel for the United States has not yet received a litigation report from the Department of the Army. Agency counsel has been

working diligently to assemble factual information necessary to enable us to prepare a responsive pleading. However, the Army is

also considering whether to delegate this case to the Army Corps of Engineers, and needs additional time to make that determination. In addition, the undersigned counsel will be attending training in South Carolina from June 16, 2003 through June 26, 2003, and will therefore be unable to devote significant time to

Case 1:03-cv-00626-TCW

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this case during that period of time.

The requested enlargement

of time is necessary to enable agency counsel to local necessary records and to allow us to coordinate our response with the Army. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may respond to the plaintiff's complaint by 60 days, to and including July 21, 2003. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director /s Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director /s Margaret E. McGhee MARGARET E. McGHEE Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 305-3634 Fax. (202) 514-8624 May 20, 2003 Attorneys for Defendant

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Case 1:03-cv-00626-TCW

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CERTIFICATE OF SERVICE I hereby certify that on May 20, 2003, 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. Parties may access this filing through the Court's system. I hereby further certify that on May 20, 2003, I caused to be served by United States mail (first class, postage prepaid) copies of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" addressed as follows: Robert G. Barbour, Esquire WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 7929 Westpark Drive, Suite 400 McLean, VA 22102 /s Margaret E. McGhee