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

Case 1:04-cv-01657-MCW

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Filed 01/04/2005

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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 ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a 30-day enlargement of time, to and including February 3, 2005, within which to file its response to the complaint. Our response is currently due on January 4, 2005. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff has informed us that plaintiff does not oppose our request for an enlargement of time for this purpose. The enlargement is requested because the undersigned counsel of record for defendant has not yet received a litigation report from the interested agency, the Department of Agriculture ("USDA"). Upon receipt of the complaint, defendant sent a copy to USDA with a request for a litigation report and suggested response to the complaint, pursuant to 28 U.S.C. § 520.1

Section 520 provides that, "[i]n suits against the United States in the United States Court of Federal Claims . . . founded on a contract, agreement, or transaction with an executive department . . . the Attorney General shall send to the department . . . a printed copy of the petition filed by the claimant, with a request that the department . . . furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department," and that, "[w]ithin a reasonable time after receipt of the request of the Attorney General, the executive department . . . shall furnish the Attorney General with a written statement of all facts, information, and proofs." 28 U.S.C. § 520.

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Case 1:04-cv-01657-MCW

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To date, USDA has not organized all records relating to this claim. The requested enlargement of time is required so that USDA counsel may have sufficient time to obtain the relevant information needed to prepare the requested litigation report and suggested response to the complaint, and to prepare and deliver to defendant's counsel the litigation report and suggested response to the complaint. Defendant's counsel currently anticipates that the requested 30 days will allow us sufficient time to organize these documents and to file our response. For these reasons, defendant respectfully requests that the Court grant its unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Donald E. Kinner DONALD E. KINNER Assistant Director

Case 1:04-cv-01657-MCW

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Filed 01/04/2005

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s/Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 January 4, 2005 Attorneys for Defendant

Case 1:04-cv-01657-MCW

Document 5

Filed 01/04/2005

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Certificate of Filing I hereby certify that on January 4, 2005, a copy of the foregoing "Defendant's Unopposed Motion For 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/ Roger A. Hipp