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

Case 1:01-cv-00639-CFL

Document 191

Filed 10/19/2007

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

No. 01-639C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of six days, to and including October 29, 2007, within which to file its reply in support of its pending motion for summary judgment upon counts 6 and 8 of the second amended complaint. Pursuant to the Court's current scheduling order, our reply is now due on October 23, 2007. This is our first request for an enlargement of time for this purpose. Counsel for the plaintiff has indicated that he will not oppose this request for an enlargement of time. In its response to our pending motion for summary judgment, the plaintiff has included a motion to amend its complaint for the third time. The plaintiff's response to our motion for summary judgment upon count 6 of the second amended complaint relies entirely upon the new facts and issues the plaintiff seeks to add to this litigation through its third amended complaint. Because the plaintiff has intertwined its response to our motion upon count 6 with its motion to amend, our reply upon our motion for summary judgment will necessarily overlap with our response to the plaintiff's motion to amend. To avoid any confusion that could arise from filing two briefs upon these related issues, we intend to file a consolidated reply upon our motion for summary judgment and response to the plaintiff's motion to amend. Pursuant to Rules 6(e) and 7.1(b), our response to the plaintiff's motion to amend is due on October 29, 2007. Pursuant to Rules 6(e) and 7.1(c), our reply upon our motion for summary judgment would be due (absent the Court's current scheduling order) on

Case 1:01-cv-00639-CFL

Document 191

Filed 10/19/2007

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the same date. Thus, our request simply reconciles the current deadline with the Rules.1 Additionally, because the plaintiff's response/motion raises new issues in this litigation (indeed, they have not even been considered by the contracting officer, see Exhibit A), we require the assistance of the client-agency in formulating our response. Unfortunately, the entire staff of the client-agency, the United States Bureau of Prisons, is away from the office this week and therefore cannot provide support for our drafting effort until Monday afternoon, the day before our reply is now due. Granting the requested enlargement will also permit the clientagency adequate time to review and assist in preparing our filing. For the foregoing reasons, defendant requests that the Court grant this motion for an enlargement of time of six days, to and including October 29, 2007.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 October 19, 2007 Attorneys for Defendant

We acknowledge that we previously agreed to shorten our reply time; however, at the time of that agreement, we were not aware that the plaintiff would seek leave to file a third amended complaint and then use its new allegations as the sole basis for opposing half of our motion for summary judgment.

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CERTIFICATE OF FILING

I hereby certify that on October 19, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" 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. Parties may access this filing through the Court's system.

s/ Devin A. Wolak DEVIN A. WOLAK

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EXHIBIT A

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