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

Case 1:03-cv-00623-LSM

Document 6

Filed 05/19/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS U.S. Financial Corp. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-623C (Senior Judge Margolis)

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 18, 2003, to file a response to the complaint filed by plaintiff, U.S. Financial Corp. Our response is currently due on May 19, 2003. This is

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

Plaintiff's

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 Air Force ("Air Force"). Agency counsel has been working diligently to assemble factual information necessary to enable us to prepare a responsive pleading. However, because a copy of the complaint was

inadvertently sent to the Department of the Army rather than to the Air Force, agency counsel did not receive the complaint until May 7, 2003. 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 Air Force.

Case 1:03-cv-00623-LSM

Document 6

Filed 05/19/2003

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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 18, 2003. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director /s Mark A. Melnick MARK A. MELNICK 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 Attorneys for Defendant

May 19, 2003

2

Case 1:03-cv-00623-LSM

Document 6

Filed 05/19/2003

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 19, 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 19, 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: Paul V. Waters Spriggs & Hollingsworth 1350 I Street, N.W. Washington, DC 20005 s/ Margaret E. McGhee