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

Case 1:03-cv-02673-EJD

Document 72

Filed 05/31/2007

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 July 2, 2007, within which the parties may file their proposed schedule for expert discovery. The proposed schedule is currently due May 31, 2007. This is our second 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. This offer is currently under review by the appropriate officials within the Army Corps of Engineers. It is expected that an additional two weeks will be required for review by the Corps of Engineers, and two weeks for review by the Department of Justice once the Corps of Engineers has completed

Case 1:03-cv-02673-EJD

Document 72

Filed 05/31/2007

Page 2 of 2

its review. For these reasons, we respectfully request that the Court grant this enlargement of time of 30 days, through and including July 2, 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 May 31, 2007 Attorneys for Defendant