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

Case 1:03-cv-00289-FMA

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Filed 05/20/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS United Medical Supply Company, Inc. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-289C (Judge Allegra)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Defendant, the United States, respectfully requests that the Court grant defendant an enlargement of time of 31 days, to and including June, 23, 2003, within which to file a response to plaintiff's complaint in the above-captioned case. response is currently due May 23, 2003. Defendant's

This is defendant's Despite several

first request for an enlargement of time.

attempts, counsel for defendant has been unable to contact counsel for plaintiff to ascertain whether plaintiff opposes this motion. This motion is necessary because counsel for defendant was assigned this case on May 12, 2003, and is still in the process of conferring with agency counsel and co-counsel within the Department of Justice regarding our response to plaintiff's complaint. In addition, since this is the first case designated

by the Court as an electronic case in the Court's case management/electronic case filing ("CM/ECF") system to which counsel for defendant has been assigned, he was required to receive special training upon the system and was unable to file

Case 1:03-cv-00289-FMA

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Filed 05/20/2003

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his Notice of Appearance in the case until May 20, 2003. Further, counsel for defendant is currently preparing a Brief in Opposition to a Petition for Writ of Certiorari due in early June in Favreau et al v. United States, Sup. Ct. 02-1466; a response brief due on June 2, 2003, in Ortiz v. United States,

Fed. Cir. 03-7089; and, is performing ongoing assignments in McDonnell Douglas v. United States, Fed. Cl. 91-1204. An enlargement of 31 days to including June 23, 2003, to respond to plaintiff's complaint will allow counsel for defendant sufficient time to confer with agency counsel and co-counsel and prepare a thorough response to the complaint. Accordingly, for these reasons, the United States respectfully requests that the Court grant defendant's motion for an enlargement of time. Respectfully submitted, ROBERT D. McCALLUM, Jr. Assistant Attorney General Civil Division

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Case 1:03-cv-00289-FMA

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Filed 05/20/2003

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s/David M. Cohen DAVID M. COHEN Director s/Alan J. Lo Re ALAN J. LO RE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0226 Facsimile: (202) 514-8624 Attorneys for Defendant May 20, 2003

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