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

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CONGRESSIONAL REFERENCE To The UNITED STATES COURT OF FEDERAL CLAIMS Congressional Reference No. 02-173X J.L. SIMMONS COMPANY, INC., Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

(Review Panel)

DEFENDANT'S OUT OF TIME MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 49 days, to and including December 8, 2004, within which to respond to plaintiff's review panel brief. Defendant's response to This

plaintiff's review panel brief was due on October 20, 2004.

is our first request for an enlargement of time for this purpose. Plaintiff's counsel has indicated that plaintiff opposes this motion. Defendant's counsel of record is currently conducting the trial of Daewoo Eng. and Const. Co. Ltd. Cl. No. 02-1914C. v. United States, Fed.

The trial is being conducted in Honolulu,

Hawaii and the parties are currently involved in a site visit in the Republic of Palau, a remote island in the Pacific Ocean. Daewoo trial commenced on October 18, 2004, and defendant's counsel was required to leave Washington, D.C. on October 11, 2004, to prepare for the trial. The site visit in the Republic The

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of Palau will conclude on November 8, 2004, and the trial is expected to last until approximately November 22, 2004. When

preparing to leave Washington, D.C., Defendant's counsel was aware of the due date for the review panel brief in this case but was unable, due to the press of the trial, to make meaningfull progress or to complete defendant's review panel brief prior to the due date of October 20, 2004. In addition, defendant's

counsel failed to timely move for an enlargement of time for much of the same reason, compounded by the difficulties in obtaining access to the Department of Justice computer system from Hawaii and from the Republic of Palau, from which communications are difficult, at best. Defendant's counsel apologizes to the Court

and to the plaintiff for the failure to timely submit this motion, regrets any inconvenience it has caused, and will work to ensure that a similar problem does not recur. Due to the extended nature of the trial, defendant's counsel requires sufficient time after the adjournment of the Daewoo trial to complete the defendant's review panel brief. For this

reason, the requested enlargment of time is necessary for a complete evaluation of the plaintiff's review panel arguments, to completely formulate our response, obtain the appropriate approval, and oversee its filing. For the foregoing reasons, we respectfully request the Court to grant our out of time motion for an enlargement of time of 49 days.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Donald E. Kinner DONALD E. KINNER Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Branch 8th Floor, 1100 L. St. N.W. Washington, D.C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant

November 3, 2004

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CERTIFICATE OF FILING I hereby certify that on November 4, 2004, a copy of the foregoing "DEFENDANT'S OUT OF TIME 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/Brian S. Smith

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