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

Case 1:08-cv-00048-EJD

Document 9

Filed 03/19/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MALCOM B. BLANKENSHIP, III, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-48C (Chief Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a 45-day enlargement of time, to and including May 8, 2008, to file a response to the complaint. Our response is currently due on March 24, 2008. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with plaintiff's counsel about this enlargement of time. Plaintiff's counsel stated that he does not oppose this enlargement. The enlargement is requested because the undersigned counsel of record for defendant has not received the administrative record and litigation report as required by 28 U.S.C. § 520 from the interested agency, the Department of the Navy. The enlargement is necessary to allow sufficient time for agency counsel to assemble the administrative record and prepare the litigation report and for counsel of record to review these documents and prepare the Government's response to the complaint. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 45 days, to and including May 8, 2008, within which to file a response to the plaintiff's complaint.

Case 1:08-cv-00048-EJD

Document 9

Filed 03/19/2008

Page 2 of 3

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Bryant G. Snee BRYANT G. SNEE Deputy Director /s/ Christopher L. Krafchek CHRISTOPHER L. KRAFCHEK Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-0041 Fax: (202) 514-8624 March 19, 2008 Attorneys for Defendant

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Case 1:08-cv-00048-EJD

Document 9

Filed 03/19/2008

Page 3 of 3

Certificate of Filing I hereby certify that on this 19th day of March, 2008, a copy of "Defendant's Unopposed 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/ Christopher L. Krafchek Christopher L. Krafchek

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