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

Case 1:08-cv-00281-MCW

Document 7

Filed 06/09/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HOWARD L. DUNCAN, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-281C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, the United States respectfully requests that the Court enlarge the deadline for the Government to file its answer in this case by 21 days, from June 16, 2008, until July 7, 2008. This is our first request for an enlargement. We have discussed this matter with counsel for the plaintiff and represent that plaintiff does not oppose this motion. The additional time is requested so that Government counsel adequately can prepare and file the Government's response to the complaint. Government counsel has not yet received plaintiff's military records from the Air Force (although they have been requested), and has been unusually busy with other cases in the last month. In particular, Government counsel has just concluded the trial of Sullivan v. United States, No. 99-754 (J. Smith), in Boston, is arguing the case of Northrop Grumman Information Technology v. United States, No. 2008-5003 (Fed. Cir.), before the United States Court of Appeals for the Federal Circuit on June 6, 2008, and has two additional briefs due to the court of appeals and another motion to dismiss due before this Court prior to the current June 16, 2008 filing date for the Government's answer.

Case 1:08-cv-00281-MCW

Document 7

Filed 06/09/2008

Page 2 of 2

Accordingly, we respectfully request that the Court grant this unopposed motion for extension of time and enlarge the deadline for the Government to file its answer until July 7, 2008. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Bryant G. Snee BRYANT G. SNEE Deputy Director

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305­7586 Fax: (202) 514-7969 Attorneys for Defendant June 9, 2008