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

Case 1:99-cv-00279-SGB

Document 304

Filed 12/21/2007

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

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

DEFENDANT'S UNOPPOSED 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 unopposed enlargement of time of 17 days from December 21, 2007, to January 7, 2008, for defendant to submit its response to plaintiff's request for production of documents in connection with the Ninth Counterclaim. Defendant's response is due December 21, 2007, and this is the second request for an enlargement of time for this purpose. Defendant's counsel and plaintiff's counsel have discussed this motion, and plaintiff does not oppose this motion for enlargement of time. Defendant's counsel has been gathering responsive documents and requires an additional 17 days to complete that work and also to complete her review of such documents and prepare the Government's response, and have it reviewed by attorneys at the Department of Justice and the agency. Since receipt of the request for production of documents, defendant's counsel was required to devote the majority of her time to preparation of (1) the Government's brief in Shea v. United States, Fed. Cir. No. 2007-5099, filed December 3, 2007, (2) the Government's response to plaintiff's motion for clarification of the Court's October 31, 2007 Opinion, in this

Case 1:99-cv-00279-SGB

Document 304

Filed 12/21/2007

Page 2 of 3

case, filed December 14, 2007, and (3) the Government's response to plaintiff's motion for spoliation sanctions in this case, which is being filed on December 21, 2007. Defendant's counsel will be on leave on December 26-28, 2007. Accordingly, defendant respectfully requests that the Court grant this unopposed motion and allow an enlargement of time to and including December 21, 2007, for defendant to prepare and file its response to plaintiff's request for production of documents in connection with the Ninth Counterclaim. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON JOYCE R. BRANDA Directors PATRICIA R. DAVIS Assistant 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

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Case 1:99-cv-00279-SGB

Document 304

Filed 12/21/2007

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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 DALTON PHILLIPS CATHERINE CROW General Services Administration December 21, 2007

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