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

Case 1:06-cv-00509-ECH

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Filed 03/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CHRISTOPHER R. PHILLIPS, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 06-509C (Judge Hewitt)

UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO RESPOND TO THE AMENDED COMPLAINT Pursuant to Rule 6.1 of the Rules of this Court, defendant, the United States, respectfully requests a 33-day enlargement of time to respond to plaintiff's amended complaint. Currently, our The

response is scheduled to be filed on March 16, 2007.

requested enlargement of time would bring the deadline for filing our response to April 18, 2007. We have contacted plaintiff's

counsel and he supports this, our first request for an enlargement of time for this purpose. On March 14, 2007, this matter was reassigned to the undersigned trial attorney for the Government while he was traveling, on business, in Denver, Colorado. Upon his return to

the office on March 16, 2007, the undersigned trial attorney immediately reviewed the initial complaint and contacted opposing counsel to discuss the recently filed amended complaint. parties quickly agreed that it would be beneficial for defendant's counsel to first consult with the Department of the Air Force, the Federal agency involved in this matter, prior to The

Case 1:06-cv-00509-ECH

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Filed 03/16/2007

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filing the Government's response to the amended complaint. newly assigned attorney, defendant's counsel noted that an

As a

enlargement of time would assist him in familiarizing himself with the issues involved in this litigation and in preparing the Government's response. Additionally, defendant's counsel noted

that he is currently scheduled to be on previously scheduled annual leave between March 22, 2007 and April 3, 2007. In

response, plaintiff's counsel stated that his client would not oppose an extension of time of up to 40 days. In light of the above, granting the proposed enlargement of time will enable the undersigned to obtain necessary information from the Air Force and to devote the time and attention needed to respond to plaintiff's amended complaint. For the foregoing reasons, we respectfully request that the Court grant our unopposed motion for an enlargement of time of 33 days, to and including April 18, 2007, to file our response to plaintiff's amended complaint.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

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s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Kent G. Huntington KENT G. HUNTINGTON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W Washington, D.C. 20530 Tele: 202.353.9369 Facsimile: 202.353.7988 Attorneys for Defendant March 16, 2007

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CERTIFICATE OF FILING I hereby certify that on March 16, 2007, a copy of foregoing "UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO the AMENDED COMPLAINT" 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/ Kent G. Huntington