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

Case 1:98-cv-00168-FMA

Document 256

Filed 04/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-168C (Judge Allegra)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO DISCLOSE EXPERT REPORT Defendant, the United States, requests that the Court enlarge, by 21 days, the period within which we may disclose an expert report to plaintiff. is April 11, 2005. May 2, 2005. The current date for that disclosure

The enlargement would enlarge that date to

In conjunction with enlarging the date for

plaintiff's expert report, the Court has enlarged this period from April 1 to April 11. Plaintiff consents to this request.

Defendant understands from plaintiff that an enlargement may necessitate a request by plaintiff for an enlargement of the time to take expert discovery. Defendant requests the enlargement for two reasons. First,

plaintiff, today, has provided defendant additional materials covered by the Court's recent protective order, and defendant expects that its experts will need more time than remains between today and April 11 to review and incorporate that material into their testimony. Second, lead counsel for defendant, today,

Case 1:98-cv-00168-FMA

Document 256

Filed 04/04/2005

Page 2 of 3

learned of a family emergency for which he is leaving town tonight for an indefinite period. For these reasons, defendant respectfully requests that, pursuant to Rule 6(b)(1) of the Rules of the Court of Federal Claims, the Court enlarge, to May 2, 2005, the period within which we must disclose our expert rebuttal testimony to plaintiff. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/David M. Cohen DAVID M. COHEN Director

OF COUNSEL WILLIAM. M. EDWARDS Assistant District Counsel United States Army Corps of Engineers Alaska District

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0361 Facsimile: (202) 514-7965 Attorneys for Defendant

April 4, 2005

-2-

Case 1:98-cv-00168-FMA

Document 256

Filed 04/04/2005

Page 3 of 3

Certificate of Filing I hereby certify that on April 4, 2005, a copy of the foregoing Defendant's Motion For Enlargement Of Time Within Which To Disclose Expert 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. access this filing through the Court's system. Parties may

s/Timothy P. McIlmail