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

Case 1:04-cv-00577-LJB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MORGANTI FLORIDA, INC. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-577C (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 21 days, to and including September 23, 2004, within which to file its response to plaintiff's complaint. Defendant's response This is

currently is due to be filed September 2, 2004.

defendant's third request for an enlargement of time for this purpose. The Court previously has granted defendant two

enlargements of time of totaling 90 days for this purpose. Counsel for plaintiff has informed us that plaintiff does not oppose our request for an enlargement of time for this purpose. As noted in our previous two requests for an enlargement of time, this case was assigned to a settlement judge pursuant to the Court's ADR pilot program. Since the filing of our previous

request for an enlargement of time, the parties have continued to engage in extensive discussions aimed at resolving this matter without further involvement of the Court. The parties also have

continued to receive the assistance of the ADR judge assigned to this case in an effort to amicably resolve this matter.

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It is anticipated that within the next two weeks the parties will know definitively whether their efforts to amicably resolve this case were successful. In the event a settlement is reached,

preparation and filing of defendant's answer no longer will be necessary. In the event the case does not settle, additional time will be necessary so that defendant's counsel may have a sufficient opportunity to review any litigation report and suggested response to the complaint prepared by the Postal Service, obtain any additional information or clarification from the Postal Service, and prepare and file the Government's response to the complaint. For these reasons, defendant respectfully requests that the Court grant its motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

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OF COUNSEL: MICHAEL F. KIELY Commercial and Appellate Litigation Law Department United States Postal Service

s/David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8624 Attorneys for Defendant

AUGUST 30, 2004

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 30th day of AUGUST 2004, I caused to be placed in United States mail (firstclass mail, postage prepaid) copies of "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" addressed as follows: Louis R. Pepe Pepe & Hazard Goodwin Square 225 Asylum Street Hartford, CT 06108-4302

s/David B. Stinson