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

Case 1:01-cv-00459-GWM

Document 41

Filed 09/27/2004

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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 weeks, to and including October 14, 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 September 30, 2004. This is defendant's second request for an enlargement of time. Our first request sought an enlargement of 15 days. Plaintiff's counsel has stated that plaintiff intends to oppose this motion. The requested enlargement is necessary because on Monday, September 20, 2004, the undersigned trial attorney was assigned responsibility for a bid protest filed that day in which the plaintiff sought a temporary restraining order and preliminary injunctive relief, Lion Raisins, Inc. v. United States, No. 04-1477 (Judge George W. Miller). A hearing was held on Tuesday, September 21, 2004, and defendant's counsel spent much of the remainder of the week negotiating with counsel for Lion Raisins a proposed order that was submitted to the

Case 1:01-cv-00459-GWM

Document 41

Filed 09/27/2004

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Court for its consideration late on Friday, September 24, 2004. The undersigned trial attorney is also responsible for, among other matters, Amtec Corporation v. United States, No. 02-1396 (Judge Williams), in which a cross-motion for summary judgment is due this week. As a result, defendant's counsel requires additional time to prepare the brief and complete consultations with supervisory lawyers at the Department of Justice and with appropriate contracting officials and counsel for the Department of the Air Force and the Defense Contract Management Agency. For the foregoing reasons, we respectfully request that the Court grant our motion for an enlargement of time of two weeks, to and including October 14, 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

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Case 1:01-cv-00459-GWM

Document 41

Filed 09/27/2004

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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

September 27, 2004

Case 1:01-cv-00459-GWM

Document 41

Filed 09/27/2004

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 27th day of September, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED 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

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