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

Case 1:08-cv-00270-NBF

Document 12

Filed 05/30/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 08-270 T (Judge Firestone) AMERICAN PACIFIC TEXTILE, INC., et al, Plaintiffs, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE AN ANSWER ______________ Pursuant to RCFC 6(b) and 6.1, the defendant, the United States, asks the Court for a 60day enlargement of time, from June 13 through August 12, 2008, inclusive, within which to file its answer. This is the first enlargement the defendant has sought for this purpose. The defendant's trial attorney has discussed this motion with the plaintiffs' attorney, who stated that he will not object to its allowance. As good cause for this motion, the defendant states that the Internal Revenue Service (IRS) attorney assigned to this case must coordinate the IRS's legal position with four components of the Chief Counsel's office before sending the IRS's recommendations for defense of the case, as required by 28 U.S.C. § 520. The defendant cannot respond to the substance of the complaint until it receives the IRS's recommendation. The IRS attorney is optimistic that he will have forwarded both the necessary administrative files and the IRS's recommendation within the time sought. -1-

Case 1:08-cv-00270-NBF

Document 12

Filed 05/30/2008

Page 2 of 2

WHEREFORE the defendant asks the Court to allow this motion. Respectfully submitted, s/ Robert Stoddart ROBERT STODDART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section G. ROBSON STEWART Reviewer, Court of Federal Claims Section s/ G. Robson Stewart May 30, 2008

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