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

Case 1:96-cv-00166-EJD

Document 305

Filed 12/20/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ZOLTEK CORPORATION, a Missouri corporation, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 96-166 C Chief Judge Edward J. Damich

ZOLTEK=S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ITS REPLY BRIEF REGARDING ITS MOTION FOR SANCTIONS Plaintiff, Zoltek Corporation ("ZOLTEK") respectfully moves this Court for an Extension of Time to file its Reply Brief in support of its Motion for Sanctions, from January 3, 2006, to and including January 13, 2006.

I.

BASIS FOR MOTION Zoltek filed its Motion for Sanctions Under 37 (c) of this Court on November 30, 2005.

Contrary to the specific provisions of Rule 7.2 (a) of the Rules of this Court, the docketing receipt gave the U.S. until December 19, 2005 to file its opposition to Zoltek's Motion for Sanctions. On December 19, 2005, the U.S. filed its opposing brief, together with an appendix containing over 88 pages of documents. Additionally, the U.S. filed a Motion for Leave to File a Declaration in camera of the Government's Counsel in further support of its opposition to Zoltek's Motion for Sanctions. Zoltek's reply brief in support of its Motion for Sanctions is due January 3, 2006. Zoltek's brief in opposition to the motion for leave to file the declaration in camera is due January 5, 2006. Zoltek's counsel will be out of the office on vacation from December 26, 2005 through January 2, 2006. Thereafter, Zoltek's counsel will be traveling to California on business on January 5-6, 2006. Zoltek requests the short additional time to review all of the materials that have been provided, and to prepare a proper response to both pending motions. The purpose of the requested extension is not for delay or for any other improper purpose. Zoltek has contacted counsel for the Government regarding the present motion, and the 1

Case 1:96-cv-00166-EJD

Document 305

Filed 12/20/2005

Page 2 of 3

Government does not oppose Zoltek's request. For the above stated reasons, Zoltek requests an extension of time to file its reply brief regarding its motion for sanctions, to and including January 13, 2006. Respectfully submitted, Dated: December 20, 2005 /s/ Dean A. Monco Dean A. Monco, Esq. John S. Mortimer, Esq. WOOD, PHILLIPS, KATZ, CLARK & MORTIMER 500 West Madison Street, Suite 3800 Chicago, Illinois 60661-2511 Tel.: (312) 876-1800 Fax: (312) 876-2020 Email: [email protected] Attorneys for Plaintiff, Zoltek Corporation

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Case 1:96-cv-00166-EJD

Document 305

Filed 12/20/2005

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on December 20, 2005, a copy of the foregoing document entitled Zoltek=s Unopposed Motion For Extension Of Time To File Its Reply Brief Regarding The Motion For Sanctions was filed electronically. Notice of this filing will be sent to the following party by operation of the Court's electronic filing system. Parties may access this filing through the Court's System. A copy was also sent by Federal Express, next day delivery, to: Gary L. Hausken, Esq. United States Department of Justice Commercial Litigation Branch - Civil Division 1100 L Street, N.W. Room 11114 Washington, D.C. 20005

/s/ Dean A. Monco Dean A. Monco John S. Mortimer Counsel for Plaintiff Zoltek Corporation Tel: 312-876-1800 Fax: 312-876-2020

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