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

Case 1:01-cv-00642-MMS

Document 82

Filed 10/13/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
GASA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 01-642C (Judge Margaret M. Sweeney) Filed Electronically

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT Plaintiff, GASA, Inc. ("GASA"), files the within Unopposed Motion for an Extension of Time to Respond to Motion for Summary Judgment, averring as follows: 1. On or about September 26, 2006, GASA filed a Motion Re-Open Discovery and

Motion for Extension of Time to Respond to "Renewed" Motion for Summary Judgment ("Motion to Re-Open Discovery"). 2. On or about October 11, 2006, the Defendant filed a response to the Motion to

Re-Open Discovery. According to the docket, GASA's reply is due by October 25, 2006. 3. Additionally, on September 28, 2006, the Court granted GASA's unopposed

Motion Requesting Status Conference. In that motion, GASA requested the status conference in order to discuss issues, including the re-opening of discovery and the time period for GASA to respond to the Renewed Motion for Summary Judgment. 4. However, the docket also indicates that GASA's response to Plaintiff's Renewed

Motion for Summary Judgment is to be filed by October 23, 2006. 5. In light of the fact that these issues will not be addressed until the status

conference, there is confusion as to when GASA's response to Defendant's Renewed Motion for Summary Judgment is due.

Case 1:01-cv-00642-MMS

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6.

Accordingly, counsel for Defendant agreed to an extension of time for GASA to

respond to the Motion for Summary Judgment, until after this Court rules on GASA's Motion to Re-Open Discovery. WHEREFORE, Plaintiff, GASA, Inc., respectfully requests this Honorable Court to grant the within Motion, and issue an order granting GASA an extension of time to respond to Defendant's Renewed Motion for Summary Judgment until such time after the Court has ruled on GASA's pending Motion to Re-Open Discovery and Motion for Extension of Time to Respond to "Renewed" Motion for Summary Judgment. Respectfully submitted, Date: 13 October 2006 /s/ Eric G. Soller Eric G. Soller, Esquire PIETRAGALLO BOSICK & GORDON, LLP 38th Floor One Oxford Centre Pittsburgh, PA 15219 (412) 263-2000 (412 261-5295 fax Attorneys for Plaintiff, GASA, Inc.

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Case 1:01-cv-00642-MMS

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CERTIFICATE OF SERVICE I hereby certify that on October 13, 2006, I hereby certify I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send a notification of such filing to the following:

DAVID B. STINSON Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530

WILLIAM A. LUBICK Army Corps of Engineers Federal Building, Suite 1813 1000 Liberty Avenue Pittsburgh, PA 15222

/s/ Eric G. Soller Eric G. Soller

Case 1:01-cv-00642-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
GASA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 01-642C (Judge Margaret M. Sweeney)

PROPOSED ORDER OF COURT AND NOW, this ______ day of ______________, 2006, upon consideration of Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion for Summary Judgment, it is hereby ordered that said Motion is GRANTED. Plaintiff is not required to respond to Defendant's Renewed Motion for Summary Judgment until further order of this Court. BY THE COURT:

________________________________ Margaret M. Sweeney, Judge