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

Case 1:01-cv-00459-GWM

Document 43

Filed 10/13/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) INTERNATIONAL DATA PRODUCTS ) CORP., ) ) Plaintiff, ) ) v. ) No. 01-459C ) (Judge George W. Miller) THE UNITED STATES, ) ) Defendant. ) ____________________________________) DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of two business days, to and including October 18, 2004, 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. Defendant's brief in opposition and reply is currently due on October 14, 2004. This is defendant's third request for an enlargement of time. Our first request sought an enlargement of 15 days, and our second request sought an enlargement of two weeks. On October 13, 2004, defendant's counsel tried to contact plaintiff's counsel by email and telephone, but was unable to learn whether plaintiff intends to oppose this motion. The requested enlargement is necessary to permit defendant's counsel to finalize the brief, and to permit sufficient time for review by supervisory lawyers at the Department of Justice and consulation with appropriate contracting officials and counsel for the Department of the Air Force and the Defense Contract Management Agency. Counsel for defendant had not taken into account Columbus Day when the previous enlargement was requested. For the foregoing reasons, we respectfully request that the Court grant our motion for

Case 1:01-cv-00459-GWM

Document 43

Filed 10/13/2004

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an enlargement of time of two business days, to and including October 18, 2004, to serve and file our reply in support of our motion for summary judgment and our brief in opposition to plaintiff's cross-motion for summary judgment. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

OF COUNSEL: E. MICHAEL CHIAPARAS Deputy Director Contract Disputes Resolution Center Defense Contract Management Agency 10500 Battleview Parkway, Suite 105 Manassas, VA 20109 MAJ. JACQUELINE POSNER Attorney Commercial Litigation Division Air Force Legal Services Agency 1501 Wilson Boulevard Arlington, VA 22209

s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

s/ John H. Williamson JOHN H. WILLIAMSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 E-mail: [email protected] Attorneys for Defendant

October 13, 2004

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Case 1:01-cv-00459-GWM

Document 43

Filed 10/13/2004

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 13th day of Octobber, 2004, a copy of the foregoing "DEFENDANT'S MOTION FOR 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/ John H. Williamson