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

Case 1:03-cv-00626-TCW

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Filed 04/28/2004

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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 AND FOR ENTRY OF A MODIFIED BRIEFING SCHEDULE Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 21-day enlargement of time, to and including May 21, 2004, to file our dispositive motion. Our motion is currently due on April 30, 2004. This is our

first request for an enlargement of time for this purpose. Plaintiff's counsel does not oppose this request. The requested enlargement of time is necessary because the undersigned counsel has been required to spend an unexpected amount of time drafting an opposition to plaintiff's motion for summary judgment in Mack v. United States, Fed. Cl. No. 03-802. April 30, 2003. That opposition is due on

In addition, the undersigned counsel is

required to file a formal brief in Thomas v. Dep't of Defense, Fed. Cir. No. 04-3115, on May 7, 2004, and an answer in Lamar Int'l v. United States, Fed. Cl. No. 04-146, on May 5, 2004.

Case 1:03-cv-00626-TCW

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We have discussed the briefing schedule with plaintiff's counsel. The parties respectfully request that the Court

modify its order of March 16, 2004 as follows: (1) Defendant will file its motion to dismiss and/or motion for summary judgment on or before May 21, 2004. (2) Plaintiff will file its response and cross-motion for summary judgment on or before July 2, 2004. (3) Defendant will file its reply and opposition on or before July 23, 2004. (4) Plaintiff will file its reply on or before August 13, 2004. The parties further respectfully request that the Court schedule oral argument on a date after August 23, 2004. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may file our dispositive motion by 21 days, to and including May 21, 2004. We further request that the Court enter an

order setting out the briefing schedule described above. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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Case 1:03-cv-00626-TCW

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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) 514-8640 April 28, 2004 Attorneys for Defendant

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Case 1:03-cv-00626-TCW

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NOTICE OF FILING I hereby certify that on April 28, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME AND FOR ENTRY OF A MODIFIED BRIEFING SCHEDULE" 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.

/s Margaret E. McGhee