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

Case 1:99-cv-00279-SGB

Document 297

Filed 11/28/2007

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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 18 days from December 3, 2007, to December 21, 2007, for defendant to file its response to plaintiff's motion for spoliation sanctions. Defendant's response is due December 3, 2007, and this is the first 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 begun preparation of the Government's response, but requires an additional 18 days enlargement to December 21, 2007, to complete preparation of the response and have it reviewed by attorneys at the Department of Justice and the agency. Since receipt of the response, defendant's counsel has been required to devote the majority of her time and attention to preparation of the Government's brief in Shea v. United States, Fed. Cir. No. 2007-5099, which must be filed by December 4, 2007. Defendant's counsel also must complete preparation of the Government's response to plaintiff's interrogatories and requests for

Case 1:99-cv-00279-SGB

Document 297

Filed 11/28/2007

Page 2 of 3

production of documents in this matter by December 21, 2007. Defendant's counsel was on leave on November 21 and 23, 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 motion for spoliation sanctions. 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 297

Filed 11/28/2007

Page 3 of 3

Of Counsel: TRACY L. HILMER Trial Attorney 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 November 28, 2007

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