Free ADR Motion to Stay - District Court of Federal Claims - federal

Case 1:08-cv-00513-ECH

Document 5

Filed 09/08/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

No. 08-513 T (Judge Emily C. Hewitt)

JEAN MATHIA, Individually and as Personal Representative of the ESTATE OF DOYLE V. MATHIA Plaintiff, v. UNITED STATES, Defendant

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT

Pursuant to RCFC 6(b), defendant respectfully moves the Court for a 30-day enlargement of time from September 15, 2008, to and including October 15, 2008, in which to file a response to the complaint. This is the first request by defendant for this purpose. As good cause therefor, defendant states as follows: Plaintiff filed the complaint in this case on July 17, 2008. Pursuant to 28 U.S.C. § 520, the United States Department of Justice requested the views of the Internal Revenue Service with respect to this matter. Personnel of the Internal Revenue Service prepared the defense letter and assembled the "administrative files" with respect to this action. That defense letter and the administrative file were received by defendant's attorney on September 4, 2008. An additional -1-

Case 1:08-cv-00513-ECH

Document 5

Filed 09/08/2008

Page 2 of 2

thirty days are needed for defendant's attorney to review the administrative file and consider the defense letter prior to responding to plaintiff's complaint. Plaintiff's attorney stated that he has no objection to the allowance of this motion. Accordingly, defendant requests that the Court allow the requested enlargement of time. Respectfully submitted,

September 8, 2008 Date

s/Steven I. Frahm Steven I. Frahm Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6504 NATHAN J. HOCHMAN Assistant Attorney General Steven I. Frahm Acting Chief Court of Federal Claims Section Attorneys for Defendant

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