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

Case 1:01-cv-00669-FMA

Document 86

Filed 03/08/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BENJAMIN & SHAKI ALLI AND BSA CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-669C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1of the Rules of the United States Court of Federal Claims, the United States respectfully requests a five-day enlargement of time, to and including March 14, 2007, to file its Memorandum of Contentions of Fact and Law. Our memorandum is currently due on March 9, 2007. This is our first request for an enlargement of time for this purpose. Plaintiffs' counsel was contacted regarding this motion, and he states that plaintiffs do not oppose this motion. This enlargement is necessary to afford Government counsel sufficient time to draft its memorandum, receive comments from the agency, and obtain the necessary internal review. Preparation of the defendant's exhibit and witness lists in this case required more time than expected, due to the voluminous number of exhibits in the case and the fact that many witnesses have moved to other agency positions or left the agency altogether. Moreover, other matters before this Court have prevented Government counsel from dedicating the necessary time and resources to its memorandum. Most notably, Government counsel has been required to retain expert witnesses and engage in detailed settlement negotiations in California Oregon Broadcasting, Inc. v. United States, No. 06-116, a complex damages case. Since plaintiffs'

Case 1:01-cv-00669-FMA

Document 86

Filed 03/08/2007

Page 2 of 3

memorandum, exhibit list and witness list were filed on February 9, 2007, defendant's counsel has been engaged in the following matters: responding to document requests served upon an expedited basis in California Oregon Broadcasting, No. 06-116; reviewing documents produced to the Government in California Oregon Broadcasting, No. 06-116; travel to Denver, Colorado to meet with an expert witness in California Oregon Broadcasting, No. 06-116, on February 15, 2007; travel to San Francisco, California to meet with expert witnesses and engage in settlement negotiations in California Oregon Broadcasting, No. 06-116, from February 28, 2007 through March 6, 2007; and preparation of final exhibit and witness lists in Alli v. United States, No. 01669, to be filed on March 9, 2007. For these reasons, defendant respectfully requests that the Court grant this unopposed motion for enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick MARK A. MELNICK Assistant Director

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Case 1:01-cv-00669-FMA

Document 86

Filed 03/08/2007

Page 3 of 3

s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street Washington, D.C. 20530 Tel. (202) 307-1011 Fax. (202) 307-0972 March 8, 2007 Attorneys for Defendant

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