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

Case 1:05-cv-00586-MCW

Document 6

Filed 08/16/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS DANKA DE PUERTO RICO, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 05-586C ) (Judge Williams) ) ) )

DEFENDANT'S UNOPPOSED OUT OF TIME MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 60 days, to and including October 3, 2005, within which to respond to plaintiff's complaint. Defendant's response to plaintiff's This is our first request Plaintiff's counsel

complaint was due on August 1, 2005.

for an enlargement of time for this purpose.

has indicated that plaintiff does not oppose this motion. Although the complaint was filed with the court on May 31, 2005, for reasons that are unknown, defendant's counsel did not receive notice of the new case and the complaint itself until approximately July 10, 2005. Defendant's counsel mistakenly used

September 10, 2005, approximately 60 days from his receipt of the complaint (rather than 60 days from the actual filing date) as the projected due date for purposes of his calendar. Upon

realizing this mistake, this motion was promptly generated and filed. Defendant's counsel regrets this error and will work to

ensure that it is not repeated.

Case 1:05-cv-00586-MCW

Document 6

Filed 08/16/2005

Page 2 of 4

In addition, upon receipt of the complaint, defendant's counsel promptly forwarded it to the United States Property and Fiscal Officer for review and assistance. This case involves a

Puerto Rican contractor performing a contract in Puerto Rico. The unusual location of this case has contributed to the extension of time that is required for defendant's counsel to gather information and points of contact for the case. The

enlargement is necessary to permit defendant's counsel to gather the necessary information to respond to plaintiff's complaint, prepare the appropriate response, obtain supervisory review, and file it. For the foregoing reasons, we respectfully request the Court to grant our unopposed out of time motion for an enlargement of time of 60 days. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 - 2 -

Case 1:05-cv-00586-MCW

Document 6

Filed 08/16/2005

Page 3 of 4

Fax: (202) 353-7988 Attorneys for Defendant August 16, 2005

- 3 -

Case 1:05-cv-00586-MCW

Document 6

Filed 08/16/2005

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on August 16, 2005, a copy of foregoing "DEFENDANT'S UNOPPOSED OUT OF TIME 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/Brian S. Smith

- 4 -