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 30 days, to and including September 2, 2004, within which to file its response to plaintiff's complaint. Defendant's response This is defendant's The

currently is due to be filed August 3, 2004.

second request for an enlargement of time for this purpose.

Court previously has granted defendant one enlargement of time of 60 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 request 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 engaged in extensive discussions aimed at resolving this matter without further involvement of the Court. The parties also have

received, and continue to receive, the assistance of the ADR

Case 1:04-cv-00577-LJB

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judge assigned to this case in an effort to amicably resolve this matter. It is anticipated that during the next several weeks the parties will continue their efforts to resolve this case. 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 In the

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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

JULY 28, 2004

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 28th day of JULY 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