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

Case 1:01-cv-00351-JFM

Document 48

Filed 09/14/2005

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

No. 01-351 (Senior Judge Merow)

PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME Plaintiff respectfully requests an enlargement of time of thirty (30) calendar days, from September 21, 2005 to October 21, 2005, to file its response and cross-motion to defendant's motion for summary judgment. Undersigned counsel contacted Government counsel to discuss this motion, but left a voicemail as Government counsel is in Anchorage, Alaska for the week. Plaintiff did not complete depositions in this case until July 22, 2005, and did not receive the transcripts until some time thereafter. Plaintiff's counsel has had an unusually busy litigation calendar this month and last, and needs the additional time requested to respond and cross-move to defendant's detailed summary judgment motion in what is a very technical case. Plaintiff had previously requested, and was granted, and enlargement to the present deadline. Despite

counsel's best efforts to meet that deadline, additional time is needed for the reasons stated above. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time, and extend the time for plaintiff to respond and cross-move to defendant's summary judgment motion thirty (30) days from September 21, 2005 to October 21, 2005. Dated: September 14, 2005 1

Case 1:01-cv-00351-JFM

Document 48

Filed 09/14/2005

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s/ Kevin M. Cox Joseph A. Camardo, Jr. By: Kevin M. Cox 127 Genesee Street Auburn, New York 10321 Tel: (315) 252-3846 Fax: (315) 252-3508 Attorney for Plaintiff

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Case 1:01-cv-00351-JFM

Document 48

Filed 09/14/2005

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on September 14, 2005, I caused to be served by United States Mail (First Class, postage prepaid) of the foregoing, to: J. Reid Prouty Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street Washington, DC 20530

s/ Kevin M. Cox Kevin M. Cox

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