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

Case 1:01-cv-00570-MCW

Document 146

Filed 02/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BLUE LAKE FOREST PRODUCTS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) TIMBER PRODUCTS COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. CLR TIMBER HOLDINGS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 01-570C Judge Williams

No. 01-627C Judge Williams

No. 04­501C Judge Williams

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests an enlargement of time of seven days, from February 21, 2007, through and including February 28, 2007, to respond to plaintiffs notice

Case 1:01-cv-00570-MCW

Document 146

Filed 02/21/2007

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of subsequent events. This is our first request for an enlargement of time for this purpose. Plaintiffs oppose this motion.1 We have worked diligently upon our response and have prepared an initial draft. However, prior to filing our response, we must obtain comments from the agency, submit the response for internal review, make any changes required as a result, and finalize the response for filing. Further, in addition to this matter, undersigned counsel is responsible for other matter that require his attention including, but not limited to, the following: (1) Tara Materials, Inc. v. United States, CIT No. 06-142 (Government's response to plaintiff's motion for judgment upon the agency record due February 23, 2003; counsel anticipates spending entire day on February 22 finalizing response); Oak Environmental Consultants, Inc. v. United States, Fed. Cl. No. 06113 (counsel traveling to Philadelphia for a deposition on February 23, 2007); and Agro Dutch Industries, Ltd. v. United States, Fed. Cir. No. 07-1011 (anticipate filing Government's response brief on March 1, 2007). Counsel is responsible for numerous other matters as well. Accordingly, we respectfully request an enlargement of time of seven days, through and including February 28, 2007, to file the Government's response.

Plaintiffs have agreed to an enlargement of time until February 23, 2007. However, due to counsel's schedule, which includes a brief due February 22, 2007 and a deposition in Philadelphia on February 23, we respectfully request that the Court grant us the full week sought.

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Case 1:01-cv-00570-MCW

Document 146

Filed 02/21/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting Director

s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-7788 Attorneys for Respondent February 21, 2007

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Case 1:01-cv-00570-MCW

Document 146

Filed 02/21/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 21th day of February 2007, 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