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

Case 1:08-cv-00359-TCW

Document 5

Filed 07/02/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RC PROFESSIONAL SERVICES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) No. 08-359C ( Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of this Court, defendant, the United States, respectfully requests a 56-day enlargement of time within which to respond to the complaint of plaintiff, RC Professional Services, Inc. ("RC"). Our response is currently due on July 18, 2008. The extension would bring the date for responding to plaintiff's complaint to September 12, 2008. This is the defendant's first request for an enlargement of time for this purpose. Plaintiff's counsel has indicated that plaintiff does not oppose this motion. This request for enlargement is necessary because Government counsel has received neither a litigation report nor draft response to plaintiff's complaint from the agency. According to agency counsel, agency personnel work schedules have prevented the agency from providing the Department of Justice with its litigation report and draft response and that both are still being prepared. Because a litigation report and draft response to plaintiff's complaint is essential for formulating a response to plaintiff's claims, counsel for the Government has been unable to prepare an appropriate response to the complaint. The additional time requested is necessary to enable the agency to provide the undersigned trial counsel with the necessary materials, enable the undersigned trial counsel to review the agency's materials, determine an appropriate response coordinate its contents with agency counsel, and to obtain the necessary internal approval.

Case 1:08-cv-00359-TCW

Document 5

Filed 07/02/2008

Page 2 of 4

The additional time requested by this motion also takes into account the undersigned trial counsel's work schedule, which has included over the last month and will include over the next month, briefing of two appeals pending before the United States Court of Appeals for the Federal Circuit, Biltmore Forest Broadcasting v. United States, 2008-5055, and Wells v. Peake, 20087098, discovery obligations in United States v. Isaac Industries, Inc., 07-00429 (Ct. Int'l Trade), and numerous responsibilities in Chevron U.S.A. Inc. v. United States, No. 04-1365C (Fed. Cl.). The undersigned trial counsel also intends to take at least one week of paternity leave, beginning on July 7, 2008. For these reasons, we respectfully request that the Court grant defendant's unopposed motion for an enlargement of time of 56 days, through and including September 12, 2008, within which to respond to plaintiff's complaint.

2

Case 1:08-cv-00359-TCW

Document 5

Filed 07/02/2008

Page 3 of 4

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director s/ Anuj Vohra ANUJ VOHRA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 353-0521 Facsimile: (202) 305-7644 July 2, 2008 Attorneys for Defendant

3

Case 1:08-cv-00359-TCW

Document 5

Filed 07/02/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on the 2nd day of July, 2008, 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/Anuj Vohra

4