Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:04-cv-01657-MCW

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Filed 02/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SYNERGY BUILDERS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-1657C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that this Court grant defendant leave to file, out of time, the accompanying answer. Plaintiff's counsel

has indicated that plaintiff does not oppose this motion. Defendant's answer was due to be filed on February 3, 2005. Defendant's counsel inadvertently failed to file a timely answer. Defendant's counsel is part of the team that is trying the case of Short Brothers, PLC v. United States, No. 98-894C (Fed. Cl.). The first phase of trial took place on January 11 through The second phase of trial is scheduled to

January 13, 2005.

begin on February 7, 2005. In addition to his trial preparation responsibilities, defendant's counsel was responsible for drafting defendantsappellees' brief in Salman v. Kalil, No. 05-1089 (Fed. Cir.), which is due on February 7, 2005, and respondent's brief in Effgen v. Department of Commerce, No. 05-3020 (Fed. Cir.), which is due on February 9, 2005.

Case 1:04-cv-01657-MCW

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Filed 02/04/2005

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Due in part to his trial preparation responsibilities and his brief-writing responsibilities in the above cases, defendant's counsel inadvertently overlooked the filing deadline for the answer in this case. It was indisputably defendant's We apologize to

counsel's obligation to file a timely answer.

the Court and to opposing counsel for failing to meet the deadline. We sincerely regret any inconvenience this may have

caused the Court or opposing counsel. For the foregoing reasons, defendant respectfully requests that the request for leave to file defendant's answer out of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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Case 1:04-cv-01657-MCW

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Filed 02/04/2005

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s/Donald E. Kinner DONALD E. KINNER Assistant Director s/Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 February 4, 2005 Attorneys for Defendant

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Case 1:04-cv-01657-MCW

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Filed 02/04/2005

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CERTIFICATE OF FILING I hereby certify that on February 4, 2005, a copy of the foregoing "Defendant's Unopposed Motion For Leave To File Answer Out 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/Roger A. Hipp

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