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

Case 1:01-cv-00351-JFM

Document 59

Filed 12/02/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CLEARWATER CONSTRUCTORS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 01-351C (Judge Merow)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 14 calendar days, to and including December 19, 2005, for the Government to file its opposition to plaintiff's crossmotion for summary judgment and reply in support of our own motion for summary judgment ("the Government response"). The Government response is presently due December 5, 2005. This is defendant's second request for an enlargement of time for this matter. Government counsel has discussed this motion with plaintiff's counsel and represents that plaintiff does not oppose it. The reason for this request is that Government counsel was delayed more than anticipated in his necessary consultation with the agency's primary technical consultant in this case. By the time this discussion had occurred, the Thanksgiving holiday and previouslyscheduled leave prevented Government counsel from meaningfully addressing plaintiff's motion. Preparation for an oral argument at the Court of Appeals for the Federal Circuit and other obligations have also limited Government counsel's ability to respond to plaintiff's crossmotion. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time.

Case 1:01-cv-00351-JFM

Document 59

Filed 12/02/2005

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7586 Fax: (202) 514-7969 December 2, 2005 Attorneys for Defendant

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