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

Case 1:02-cv-01460-LB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HERMES CONSOLIDATED, INC. Doing business as Wyoming Refining Company, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 02-1460C (Judge Block)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant respectfully requests an enlargement of time of seven days, from August 27, 2003 to and including September 3, 2003, to respond to plaintiff's supplemental brief in response to the Court's order of August 7, 2003. This is our first such request. Counsel for plaintiff

states that plaintiff takes no position upon this motion. Plaintiff's supplemental brief, which we received in electronic form at approximately 7:45 p.m. on Friday, August 22, contains eight distinct sections (with 13 footnotes) citing 50 cases, a majority of them never before discussed by the parties.1 Defendant's attorney of record, Mr. Gillingham, is on travel this week to the West Coast to take approximately 15 depositions (scheduled before the Court's August 7 order) for Christofferson, et al. v. United States, No. 01-495C, in which approximately 90 witnesses must be deposed prior to a January 2004 pretrial

The typeface and spacing of plaintiff's brief do not appear to conform to RCFC 5.3(c).

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conference.

The Government seeks this relatively short

enlargement, which spans the Labor Day Weekend, to ensure that our reply addressing the important issues raised by the Court receives the appropriate amount of relatively undivided attention. For these reasons, we respectfully request the Court to grant our request for an enlargement of time of seven days, from August 27, 2003 to and including September 3, 2003, to respond to plaintiff's supplemental brief in response to the Court's order of August 7, 2003. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

OF COUNSEL: BERNARD A. DUVAL Counsel HOWARD M. KAUFER Assistant Counsel Office of General Counsel Defense Energy Support Center Ft. Belvoir, VA

s/Steven Gillingham by s/Kyle Chadwick STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Fax: (202) 353-7988 Attorneys for Defendant

August 26, 2003

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CERTIFICATE OF FILING I certify that on August 26, 2003, the attached document was filed by means of the Court's electronic filing system. understand that service upon all parties will be made electronically by the Court's system. s/Kyle Chadwick I