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

Case 1:07-cv-00685-JFM

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Filed 11/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BARUCH VEGA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-685 (Judge Merrow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests an enlargement of time of 60 calendar days, to and including January 22, 2008, within to file its response to the complaint. Our answer presently is due on November 23, 2007.1 This is Counsel

defendant's first request for an enlargement of time.

for the plaintiff has indicated that he does not oppose this motion. The additional time is required for undersigned counsel to adequately prepare and file the Government's response to the complaint. Plaintiff's complaint alleges that he is entitled to

a payment of $250,000 for his efforts in 114 cases, including 35 cases in the past seven years. Given the alleged breadth of the

plaintiff's purported involvement with the Government, it is taking time to obtain information about plaintiff's claims.

The Clerk's Office, however, will be closed on November 23, 2007, by Order of the Chief Judge.

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Plaintiff asserts that he worked for both the Drug Enforcement Agency ("DEA") and the Federal Bureau of Investigation ("FBI").2 Undersigned counsel has not yet received Counsel for the DEA has

a litigation report from either agency.

informed us that they need additional time to review and prepare a summary of the information concerning the plaintiff's activities. Counsel for the FBI, who was first assigned

responsibility for this case on November 16, 2007, will also need to review and prepare a summary of any information they have concerning the plaintiff's activities. Upon receiving litigation

reports from both agencies, the Department of Justice will need to review the information, and prepare the appropriate response to plaintiff's complaint. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director

Plaintiff U.S. Customs and this time, it is with CBP, or any

2

asserts that his claims arise pursuant to the Border Protection's ("CBP") moiety statute. At unclear whether we will need to also consult other Government agencies.

Case 1:07-cv-00685-JFM

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s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 November 21, 2007 Attorneys for Defendant

Case 1:07-cv-00685-JFM

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CERTIFICATE OF FILING I hereby certify that on this 21st day of November, 2007, a copy of the foregoing "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. filing through the Court's system. Parties may access this

s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice