Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:08-cv-00075-CCM

Document 16

Filed 06/03/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BURNS & McDONNELL ENGINEERING COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 08-75C (Senior Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b)(1) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time, to and including June 30, 2008, within which to file a reply to plaintiff's response to our motion to dismiss or, in the alternative, motion for summary judgment. The reply is currently due June 13, 2008. This is our first request for an enlargement of time for this purpose. Plaintiff's counsel has represented that plaintiff, Burns & McDonnell Engineering Company, Inc., has no objection to this motion. The enlargement is requested because defendant's counsel of record requires additional time to review plaintiff's response, coordinate the preparation of a reply with agency counsel, and to receive internal review of the reply especially since counsel of record is currently preparing for an argument scheduled before the United States Court of Appeals for the Federal Circuit on June 5, 2008, in Franklin v. Department of Treasury, Case No. 2008-3053. Counsel only learned she would be arguing the case on May 29, 2008, because the attorney originally assigned to the case is currently trying a case in Alaska. Following the argument, counsel of record will be working diligently to prepare a reply brief to a 34-page response in Metrotop Plaza

Case 1:08-cv-00075-CCM

Document 16

Filed 06/03/2008

Page 2 of 3

Associates v. United States, Case No. 07-811 (Fed. Cl.), and anticipates that the petitioner in DiLorenzo v. Department of Veterans Affairs, Case No. 2008-3211 (Fed. Cir.), will be filing an informal brief within the next week to which a response brief involving the review of a lengthy administrative record will be required. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time to and including June 30, 2008, within which to file a reply to plaintiff's response to our motion to dismiss or, in the alternative, motion for summary judgment. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick MARK A. MELNICK Assistant Director s/ Dawn E. Goodman DAWN E. GOODMAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 616-1067 Fax: (202) 514-8624 June 3, 2008 Attorneys for Defendant

Case 1:08-cv-00075-CCM

Document 16

Filed 06/03/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 3rd day of June, 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/ Dawn E. Goodman DAWN E. GOODMAN