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

Case 1:08-cv-00214-EGB

Document 8

Filed 07/21/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS F&F SUPPLY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-214C (Judge Bruggink)

DEFENDANT'S FIRST UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the United States Court of Federal Claims (RCFC), defendant, the United States, respectfully requests a 30-day enlargement of time, to and including August 21, 2008, to file a response to the complaint. Defendant's response is currently due on July 22, 2008. This is defendant's first request for an enlargement for this purpose. Defendant has consulted with counsel for plaintiff, Rosemary Allulis, and Ms. Allulis has represented that plaintiff, F & F Supply, Inc. ("F & F Supply") does not oppose this request for an enlargement of time. Defendant has sent the Department of the Army ("Army") a copy of the amended complaint with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520. Agency counsel has been working to gather relevant documents and information, but has informed counsel for defendant that additional time is necessary for the agency to respond to our request. In addition, as noted by F & F Supply in its complaint, the facts in the present case are somewhat related to the facts in a criminal case pending before the United States District Court for the Middle District of Louisiana, Moore v. United States, Criminal Action No. 07-244. See

Case 1:08-cv-00214-EGB

Document 8

Filed 07/21/2008

Page 2 of 3

Compl. ¶ 6 n.1. Counsel for defendant has contacted the Assistant United States Attorney assigned to that criminal matter, as well as investigators from the Department of Defense Criminal Investigative Services and the United States Army Criminal Investigative Command, in an attempt to obtain relevant documents and information. However, to date, counsel for defendant has not yet obtained all of the documents and information necessary to prepare a response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for enlargement of time of 30 days, to and including August 21, 2008, within which to file a response to the plaintiff's complaint. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director s/ Tara J. Kilfoyle TARA J. KILFOYLE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn.: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel.: (202) 305-1709 Fax: (202) 307-0972 July 21, 2008 Attorneys for Respondent

Case 1:08-cv-00214-EGB

Document 8

Filed 07/21/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on the 21st day of July, 2008, a copy of the foregoing "DEFENDANT'S FIRST UNOPPOSED MOTION FOR 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/Tara J. Kilfoyle