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

Case 1:06-cv-00115-SGB

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Filed 04/17/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DANNY C. SIMONS AND SALLY J. SIMONS, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) No. 06-115C ) (Judge Braden) ) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant Rule 6.1 of the Rules of the Court of Federal Claims, defendant respectfully requests a 30 day enlargement of time, from April 17, 2006, until May 17, 2006, to respond to plaintiff's amended complaint. This is defendant's first request for an enlargement of time for this purpose. Defendant's counsel has spoken with Susan Rose, plaintiffs' counsel, about this enlargement of time, who stated that she does not oppose this enlargement. In support of this motion, defendant's counsel states that he was just assigned this case and did not enter his appearance until April 13, 2006. The amended complaint filed by plaintiffs is 112 pages long, and alleges facts concerning a dispute between plaintiffs and the Internal Revenue Service ("IRS") which has been ongoing for more than 30 years. Defendant's counsel has not received a litigation report from the IRS. Because of these factors, defendant's counsel has been unable to formulate a response to the complaint. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:06-cv-00115-SGB

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s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Michael N. O'Connell MICHAEL N. O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice ATTN: Classification Unit 1100 L Street, N.W. Washington, DC 20530 Tel: (202) 353-1618 Facsimile: (202) 514-8640 DATED: April 17, 2006 Attorneys for Defendant

Case 1:06-cv-00115-SGB

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Filed 04/17/2006

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Certificate of Filing I hereby certify that on this 17 th day of April, 2006, a copy of the 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/Michael N. O'Connell Michael N. O'Connell