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

Case 1:99-cv-00279-SGB

Document 328

Filed 09/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MORSE DIESEL INTERNATIONAL, INC., d/b/a AMEC CONSTRUCTION MANAGEMENT, INC., ) ) ) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

Nos. 99-279C and consolidated cases (Judge Braden)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests, pursuant to Rule 6(a) of the Rules of the Court of Federal Claims ("RCFC"), that the Court grant an enlargement of time of 21 days from September 12, 2008, to October 3, 2008, for defendant to file its motion for summary judgment. Defendant's motion for summary judgment is due September 12, 2008, and this is the second request for an enlargement of time for this purpose. Defendant's counsel has informed plaintiff's counsel of this motion and plaintiff's counsel stated that plaintiff objects. Defendant's counsel has prepared a draft of the Government's motion, but requires an additional 21 days enlargement to October 3, 2008, to complete preparation of the motion for summary judgment, including checking all of its numerous citations to the record evidence, and to have the motion reviewed by attorneys at the Department of Justice and the agency. Further, in addition, to preparing the Government's motion for summary judgment, defendant's counsel among other matters recently was required to prepare: (1) a memorandum for the Solicitor General's office; (2) an opposition to a petition for certiorari in Sakar Int'l v. United States, Fed. Cir. No. 2007-1173; (3) the Government's brief in Davis v. United States, Fed. Cir. No. (filed

Case 1:99-cv-00279-SGB

Document 328

Filed 09/12/2008

Page 2 of 3

August 8, 2008); and (4) Defendant's Motion for Protective Order and Request for Expedited Consideration re Plaintiff's Notices of Deposition to Government Attorneys in AMEC Construction Management v. United States, Fed. Cl. No. 06-867 (filed August 15, 2008). Defendant's counsel also represented the Government in a hearing on September 5, 2008 in L-3 Communications, Inc. v. United States, Fed. Cl. No. 06-396. Defendant's counsel was on travel for the purpose of either conducting or defending depositions on July 20-23, 2008, July 30-31, 2008, and August 12-13, 2008, in AMEC Construction Management v. United States, Fed. Cl. No. 06-867, and is on travel for the same purpose on September 15-19, 2008. Defendant's counsel is defending another deposition in that matter on September 23, 2005. Defendant's counsel also must file an opposition to Plaintiff's Motion to Compel the Depositions of the Government's Attorneys in AMEC Construction Management v. United States, Fed. Cl. No. 06-867, by September 26, 2008, and must also file a motion to correct the transcript in that matter. In addition, because of pain and restricted movement in her shoulder, defendant's counsel has had to seek medical treatment and must undergo physical therapy which may improve her condition. Further, although defendant's counsel previously requested and obtained a 7-day enlargement of time to file the Government's motion for summary judgment, defendant's counsel underestimated the time required in light of the circumstances above, and accordingly, must request an additional 21 days to complete the Government's motion, based upon the schedule detailed above. Accordingly, defendant respectfully requests that the Court grant this motion and allow an enlargement of time to and including October 3, 2008, for defendant to prepare and file its motion for summary judgment.

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Case 1:99-cv-00279-SGB

Document 328

Filed 09/12/2008

Page 3 of 3

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/Bryant G. Snee BRYANT G. SNEE Deputy Director

s/Domenique Kirchner DOMENIQUE KIRCHNER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 Tele: (202) 307-1111 Fax: (202) 514-8624 Attorneys for Defendant Of Counsel: TRACY L. HILMER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice ERIC L. MILLER Office of the Inspector General General Services Administration CATHERINE CROW General Services Administration September 12, 2008

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