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

Case 1:06-cv-00507-LJB

Document 19

Filed 04/23/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS EUGENE DAVIS, Plaintiff v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-507C Judge Bush

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests an enlargement of time of eight days, through and including May 1, 2007, to file the Government's supplemental brief in this case. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has indicated that he does not oppose this motion. The grounds for this motion are set forth below. The Government has worked diligently upon its brief. A number of drafts already have been prepared. However, because of the unique facts of this case, responding to the questions posed by the Court has been far more time consuming than had been anticipated, and has required counsel to review and analyze matters that extend beyond the issues raised in our motion to dismiss. The proposed enlargement will enable counsel to prepare a brief that is responsive to the questions raised by the Court, submit the brief for the required internal review, and make any further changes that may be required as a result. This motion was not filed sooner because it was not until late last week that counsel realized that an enlargement of time would be necessary.

Case 1:06-cv-00507-LJB

Document 19

Filed 04/23/2007

Page 2 of 3

For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time, through and including May 1, 2007, to file the Government's supplemental brief. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director s/ Richard P. Schroeder RICHARD P. SCHROEDER 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) 305-7788 Attorneys for the Defendant OF COUNSEL: MAJOR JERRETT DUNLAP United States Army Litigation Division Military Personnel Branch 901 N. Stuart Street, Suite 400 Arlington, VA 22203-1837 Dated: April 23, 2007

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Case 1:06-cv-00507-LJB

Document 19

Filed 04/23/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 23rd day of April, a copy of the foregoing "DEFENDANT'S MOTION FOR AN 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/Richard P. Schroeder

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