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

Case 1:07-cv-00708-SGB

Document 16

Filed 02/26/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS AEROFUND FINANCIAL, INC., Plaintiff, v. THE UNITED STATES, Defendant and Third-Party Plaintiff, v. TOTAL CONTROLS, INC., Third-Party Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-708C (Judge Braden)

DEFENDANT'S SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time, to and including March 21, 2008, within which to file a response to the complaint. The response to the complaint is currently due February 3, 2008. This is defendant's second request for an enlargement of time. The Government also filed a motion for stay of proceedings pending service of the third-party defendant, which was granted by the Court. Plaintiff's counsel has represented that plaintiff has no objection to this motion. The enlargement is requested because plaintiff and defendant are actively engaged in settlement negotiations which they believe will result in settlement of all claims by plaintiff against defendant. Additional time is needed to finalize the discussions. These discussions do not relate to the claims by the United States against the third-party defendant. For the foregoing reasons, defendant respectfully requests that the Court grant this motion

Case 1:07-cv-00708-SGB

Document 16

Filed 02/26/2008

Page 2 of 3

for an enlargement of time, to and including March 21, 2008, within which to file a response to the complaint. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick MARK A. MELNICK Assistant Director s/ Dawn E. Goodman DAWN E. GOODMAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 616-1067 Fax: (202) 514-8624 February 26, 2008 Attorneys for Defendant

2

Case 1:07-cv-00708-SGB

Document 16

Filed 02/26/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 26th day of February, 2008, a copy of the foregoing "DEFENDANT'S SECOND 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/ Dawn E. Goodman DAWN E. GOODMAN