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

Case 1:00-cv-00428-CCM

Document 122

Filed 09/28/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS INTERNATIONAL AIR RESPONSE, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 00-428 (Judge Christine O.C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES Defendant, the United States, respectfully requests an enlargement of 45 days, from October 1, 2007 to November 15, 2007, in which to respond to plaintiff, International Air Response, Inc. ("IAR")'s application for attorney fees. This is our first request for an enlargement of time for this purpose. Counsel for IAR has authorized us to state that IAR does not oppose this motion. We request additional time so that a transcript of the trial may be prepared. In its brief, IAR attempts to describe the evidence and arguments at trial without actual citations to the record. E.g., Pl. Br. at 4 (acknowledging the lack of a trial transcript). A 45-day enlargement will allow us to have a trial transcript prepared by the court reporter, so that the Court can decide IAR's motion based upon the record, rather than counsel's recollection of what transpired at trial. For the foregoing reasons, we respectfully request that the Court grant a 45-day enlargement, until October 31, 2007, for our response to IAR's application for attorney fees.

Case 1:00-cv-00428-CCM

Document 122

Filed 09/28/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner by s/ Kirk T. Manhardt DONALD E. KINNER Assistant Director s/ Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 305-3091 Fax (202) 307-0972 September 28, 2007 Attorneys for Defendant

2

Case 1:00-cv-00428-CCM

Document 122

Filed 09/28/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 28th day of September 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES " was electronically filed. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system.

s/ Roger A. Hipp