Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:03-cv-02794-TCW

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Filed 04/28/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ACCEPTANCE INSURANCE COMPANIES INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-2794 (Judge Wheeler)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests an enlargement of time of seven days, to and including May 8, 2006, within which to file and serve defendant's combined brief in opposition to plaintiff's cross-motion for summary judgment and reply in support of defendant's renewed motion to dismiss for lack of subject matter jurisdiction or, in the alternative, for summary judgment, as well as an enlargement of time of seven days to file and serve defendant's response to plaintiff's proposed findings of uncontroverted fact. Defendant's papers are currently due on May 1, 2006. is our second request for an enlargement of time for this purpose. The Court previously has granted defendant one This

enlargement of time of seven days to file these papers. Plaintiff's counsel has authorized us to state that plaintiff takes no position with respect to our request, but requests that if the Court grants our motion for enlargement of time, that plaintiff's deadline to file its reply brief be extended by an equal amount of time. Plaintiff's reply brief currently is due

Case 1:03-cv-02794-TCW

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to be filed May 17, 2006.

Defendant does not oppose an

additional enlargement of time of seven days for plaintiff to file its brief. The requested enlargement is necessary because undersigned counsel only recently was assigned responsibility for litigation of this matter, with the departure from the Department of Justice of the previous counsel of record. While undersigned counsel has

begun the process of finalizing our reply brief and response to plaintiff's proposed findings of fact, additional time is necessary so that the appropriate Department of Justice officials may have sufficient time to review and comment upon them. additional time will permit defendant to prepare for filing pleadings that will be of greatest assistance to the Court in resolving the pending motions. For these reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director This

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Case 1:03-cv-02794-TCW

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OF COUNSEL: DONALD A. BRITTENHAM, JR. Attorney Department of Agriculture

s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St., N.W. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

April 28, 2006

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Case 1:03-cv-02794-TCW

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CERTIFICATE OF FILING I hereby certify that on April 28, 2006 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. the Court's system. Parties may access this filing through

s/ David B. Stinson DAVID B. STINSON