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

Case 1:03-cv-02673-EJD

Document 73

Filed 07/02/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ALLIED OIL & SUPPLY, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) No. 03-2673C ) Defendant, ) (Chief Judge Damich) ) and ) ) WARREN DISTRIBUTION, INC., ) ) Third-Party Defendant ) ____________________________________)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests an enlargement of time of 30 days, through and including August 1, 2007, within which the parties may file their proposed schedule for expert discovery. The proposed schedule is currently due July 2, 2007. This is our third request for an enlargement of time for this purpose. Counsel for plaintiff Allied Oil & Supply, Inc., and third-party defendant Warren Distribution, Inc., have indicated that they are not opposed to this motion. This enlargement is necessary to provide additional time for consideration by the Government of a settlement offer made during mediation held on April 11, 2007, and if the offer is accepted, to draft and execute settlement documents. This offer has been reviewed by the the appropriate officials within the Army Corps of Engineers and is now under review within the Department of Justice. We anticipate that this review will be completed by July 16, 2007. For

Case 1:03-cv-02673-EJD

Document 73

Filed 07/02/2007

Page 2 of 2

these reasons, we respectfully request that the Court grant this enlargement of time of 30 days, through and including August 1, 2007, within which the parties may file their proposed schedule for expert discovery.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 307-0972 July 2, 2007 Attorneys for Defendant