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

Case 1:07-cv-00359-FMA

Document 7

Filed 07/27/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SERAPHIM TRANSPORT COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 07-359C (Judge Francis M. Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME 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 60-day enlargement of time, to and including October 5, 2007, to file a response to the complaint. Our response is currently due on August 6, 2007. 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 recently received a litigation report from the interested agency, the United States Army, as required by 28 U.S.C. § 520. The additional time is necessary to allow sufficient time for counsel of record to review the litigation report and prepare the Government's response to the complaint. Additionally, the enlargement is requested because of counsel of record's current workload, which includes three newly transferred consolidated cases that are in the discovery phase before Judge Williams, Blue Lake Forest Products, Inc. v. United States, Fed. Cl. No. 01570C; Timber Products Company v. United States, Fed. Cl. No. 01-627C; and CLR Timber Holdings, Inc. v. United States, Fed. Cl. No. 04-501C, and answering complaints in Insurance

Case 1:07-cv-00359-FMA

Document 7

Filed 07/27/2007

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Company of the West v. United States, Fed. Cl. No. 07-395C, due on August 17, 2007, and Mathis v. United States, Fed. Cl. No. 07-07-392C, also due on August 17, 2007. For the foregoing reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time of 60 days, to and including October 5, 2007, within which to file a response to the plaintiff's complaint.

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

/s/ Bryant G. Snee BRYANT G. SNEE Deputy Director /s/ Ellen M. Lynch ELLEN M. LYNCH Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 353-7994 Fax: (202) 514-8624 July 27, 2007 Attorneys for Defendant

Case 1:07-cv-00359-FMA

Document 7

Filed 07/27/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 27th day of July, 2007, 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/ Ellen M. Lynch Ellen M. Lynch