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

Case 1:07-cv-00739-ECH

Document 6

Filed 12/17/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ No. 07-739 T (Judge Emily C. Hewitt) INTERSPORT FASHIONS WEST, INC., Plaintiff v. THE UNITED STATES, Defendant ___________________________________ MOTION FOR ENLARGEMENT OF TIME ___________________________________

Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant respectfully moves the Court for an enlargement of time of sixty (60) days, from December 21, 2007, to and including February 19, 2008, within which to answer or otherwise respond to the complaint filed in this matter. This is the first enlargement of time defendant has requested for this purpose. As reason for its motion, defendant states that the undersigned trial attorney has not yet received the IRS' administrative files/materials pertaining to the defense of this income tax refund suit, or the IRS' defense recommendation. The United States' receipt and review of the administrative files/materials and the defense recommendation are necessary prerequisites to filing a meaningful response to plaintiff's complaint. Accordingly, additional time is required to allow for the receipt and review of the administrative files/materials and defense recommendation, and to prepare a response to plaintiff's complaint. -1-

Case 1:07-cv-00739-ECH

Document 6

Filed 12/17/2007

Page 2 of 2

Pursuant to RCFC 6.1, defendant's counsel discussed this motion with plaintiff's counsel on December 17, 2007, and plaintiff's counsel has no objection to this enlargement of time. WHEREFORE, defendant requests that its motion for a 60-day enlargement of time to answer or otherwise respond to plaintiff's complaint be allowed.

Respectfully submitted,

s/Jennifer P. Wilson JENNIFER P. WILSON Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6495 FAX (202) 514-9440 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel December 17, 2007

-2-