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

Case 1:01-cv-00459-GWM

Document 44

Filed 10/14/2004

Page 1 of 2

In the United States Court of Federal Claims
____________________________________ ) INTERNATIONAL DATA ) PRODUCTS CORP., ) ) Plaintiff, ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) _________________________________) ORDER

Nos. 01-459 C, 03-2515 C

Filed October 14, 2004

On October 13, 2004, defendant filed a motion for an enlargement of time of two business days within which to serve and file its reply in support of its motion for summary judgment and its brief in opposition to plaintiff's cross-motion for summary judgment. Counsel for defendant requested the enlargement of time in order to finalize the brief, and to permit sufficient time for review by supervisory lawyers at the Department of Justice and consultation with appropriate contracting officials and counsel for the Department of the Air Force and the Defense Contract Management Agency. Counsel for defendant also reported that he had not taken into account Columbus Day when the previous enlargement was requested. Though counsel for defendant reported that he could not reach plaintiff to determine if he intended to oppose the present motion, plaintiff had opposed defendant's previous motion for an enlargement of time, filed on September 27, 2004. In light of plaintiff's opposition, the Court, in granting defendant's last motion, indicated that it was not inclined to grant any further extensions absent compelling circumstances. In light of defendant's report above, and because failure to take into account Columbus Day does not rise to the level of a compelling circumstance, defendant's motion for an enlargement of time is GRANTED, but only for one business day. The Court ORDERS that defendant shall file by 5 p.m. on Friday, October 15, 2004, its reply in support of its motion for summary judgment and its brief in opposition to plaintiff's cross-motion for summary judgment. The Court FURTHER ORDERS that any subsequent motion for enlargement of time shall be filed no later than two business days before the date the filing is due, so that the Court

Case 1:01-cv-00459-GWM

Document 44

Filed 10/14/2004

Page 2 of 2

may have time sufficient to determine if it will grant the motion and, if so, whether the enlargement will include all the time requested. IT IS SO ORDERED. s/ George W. Miller GEORGE W. MILLER Judge

-2-