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

Case 1:03-cv-02673-EJD

Document 69

Filed 02/09/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ALLIED OIL & SUPPLY, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) No. 03-2673C ) Defendant, ) (Chief Judge Damich) ) and ) ) WARREN DISTRIBUTION, INC., ) ) Third-Party Defendant ) ____________________________________)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests a six-day enlargement of time, through and including February 15, 2007, within which the Government may file its status report. Although the Court has not issued any order requiring a status report from the Government, we have previously indicated that the Government would file a status report on February 9, 2007. Counsel for plaintiff Allied Oil & Supply, Inc., and third-party defendant Warren Distribution, Inc., have indicated that they are not opposed to this motion. On January 30, 2007, the parties filed a joint status report indicating, among other things, that the Government will file a status report on February 9, 2007, stating whether the Government has approved the mediation process described in the joint status report. The Court has not issued any order in response to the joint status report. However, counsel for the Government was recently assigned to a bid protest in the Court of Federal Claims, ARINC

Case 1:03-cv-02673-EJD

Document 69

Filed 02/09/2007

Page 2 of 2

Engineering Services, Inc. v. United States, Fed. Cl. 07-0073, which has required considerable effort over a short period of time and which has delayed counsel's effort to seek appropriate review of the proposed mediation in this case. For these reasons, we respectfully request that the Court grant this enlargement of time of six days, through and including February 15, 2007, within which the Government may file its status report.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 307-0972 February 9, 2007 Attorneys for Defendant