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

Case 1:99-cv-00194-EGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARKETING AND MANAGEMENT INFORMATION, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 99-194C (Judge Bruggink)

DEFENDANT'S REQUEST FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT Defendant respectfully requests the Court to extend the time to file the parties' joint status report from September 19, 2003, until September 30, 2003, a period of 11 days. This is

defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff, Marketing and Management

Information, Inc. (MMI), represents that MMI does not oppose this motion, but states that, should the Court desire, it is prepared to submit its own proposed schedule for further proceedings. Defendant requests this additional time so that Department of Justice (DOJ) and Department of Defense (DoD) can continue to discuss the implications of the Court's August 25, 2003 decision and to determine what the Government's position is regarding further proceedings in this case. After receiving a copy of the

decision, defendant's counsel of record immediately transmitted a copy of the Court's decision to the agency counsel assigned to this case at the Defense Commissary Agency (DeCA), Mr. Thomas

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Rathgeb.

Mr. Rathgeb was unable to discuss the decision with

DeCA's General Counsel until September 4 or 5, 2003, because the General Counsel was out of the office. In a brief conversation

on September 5, 2003, Mr. Rathgeb told the Government's counsel of record that DeCA was required to obtain authority for its recommendation for further proceedings in this case from the DoD Office of General Counsel, so that it could not convey its recommendation until that authority was obtained. Mr. Rathgeb

also reported that he would be out of the country from September 8 through 23, 2003. Mr. Rathgeb's substitute, Mr. Elliott Clark,

contacted the Government's counsel of record on September 12, 2003, conveyed DoD's recommendation for further proceedings, and informed her that he, too, would be out of the office until September 22, 2003. In the meantime, MMI's counsel of record contacted the Government's counsel of record on September 11, 2003, to suggest that the parties discuss the proposed joint status report in the afternoon on September 15, 2003. Defendant's counsel agreed to

the September 15th discussion date but told MMI's counsel that it was unlikely that the parties could complete discussion of the joint status report before the September 19th due date because the Government would need more time to discuss internally the agency's recommendation. MMI presented its proposal for further Due

proceedings to the Government's counsel on September 15th.

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to the absence of DeCA's agency counsel assigned to this case and the need to discuss anticipated further proceedings internally and with MMI, we respectfully request that the Court grant us an additional 11 days to file the parties' joint status report. CONCLUSION For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ DAVID M. COHEN Director OF COUNSEL: THOMAS D. RATHGEB Office of General Counsel Defense Commissary Agency Fort Lee, VA 23801-1800 s/ SHERYL FLOYD 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) 307-0282 Attorneys for Defendant SEPTEMBER 17, 2003

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CERTIFICATE OF FILING I hereby certify that on September 17, 2003, a copy of "DEFENDANT'S REQUEST FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT" 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. through the Court's system. Parties may access this filing

/s/ Sheryl L. Floyd