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

Case 1:98-cv-00815-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ATWOOD-LIESMAN, an Idaho general partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

98-815C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of this Court, defendant, the United States, respectfully requests an enlargement of time of four days, through and including September 11, 2006, to file our responsive memorandum, which is currently due on September 7, 2006. This is the defendant's second request for an enlargement

of time for this purpose; previously this Court granted our unopposed request for an enlargment of six days. Counsel for

plaintiffs has indicated that plaintiffs are not opposed to this request. This motion is necessary because, while conducting additional expert discovery and pre-trial activities, the parties have been extensively engaged in settlement discussions since June 1, 2006. These settlement discussions have included two

settlement conferences in Chicago, Illinois with our respective experts in attendance to attempt to devise several potential settlement models. Although no settlement has been reached at

this time, the parties desire to further engage in settlement

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discussions during the remainder of the week of September 3, and during the week of September 10, 2006. Both the undersigned

trial counsel and counsel for plaintiffs will be unable to conduct further settlement discussions on September 7, 2006 due to work and travel plans. In particular, the undersigned trial

counsel will be out of the office on travel to Houston, Texas to defend a deposition in United States v. Inn Foods, U.S.C.I.T. No. 01-01106. The four-day enlargement of time requested by this

motion will afford the undersigned trial counsel with time to devote to further settlement efforts. For these reasons, the Government respectfully requests that the Court grant our unopposed motion for an enlargement of time of four days, through and including September 11, 2006, to file our responsive memorandum. This request will not require any

further amendments to the Court's January 10 and June 30, 2006 scheduling orders. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director

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/s/ Michael S. Dufault MICHAEL S. DUFAULT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 Phone: (202) 353-7961 Facsimile: (202) 353-7988 Attorneys for Defendant

September 6, 2006

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CERTIFICATE OF FILING I hereby certify that on September 6, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this 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/ Michael S. Dufault Michael S. Dufault

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Case 1:98-cv-00815-CFL

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