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

Case 1:08-cv-00275-EGB

Document 5

Filed 05/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISER CONSTRUCTION LIMITED LIABILITY COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-275C (Judge Bruggink)

DEFENDANT'S CONSENT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 60-day enlargement of time, to and including August 12, 2008, within which to file its response to the complaint. Our response is currently due on June 13, 2008. This is defendant's first request for an enlargement of time for this purpose. The undersigned has contacted plaintiff's counsel, who has stated that plaintiff consents to this motion. The enlargement is requested because we have not yet received a litigation report from the interested agency, the United States Army Corps of Engineers ("Corps of Engineers"), as required by 28 U.S.C. § 520. Agency counsel has stated that the Corps of Engineers is working diligently to complete the litigation report, but it does not expect to complete the litigation report before mid-July. The additional time is necessary to allow sufficient time for agency counsel to complete the litigation report and for counsel to review the litigation report and prepare the Government's response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time.

Case 1:08-cv-00275-EGB

Document 5

Filed 05/23/2008

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Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Kirk T. Manhardt KIRK T. MANHARDT Assistant Director

/s/ David S. Silverbrand DAVID S. SILVERBRAND Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 tel: (202) 305-3278 fax: (202) 353-7988 May 23, 2008 Attorneys for Defendant

Case 1:08-cv-00275-EGB

Document 5

Filed 05/23/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 23rd day of May, 2008, a copy of the foregoing consent motion for an 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/ DAVID S. SILVERBRAND