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

Case 1:03-cv-01798-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ ) AMERICAN RENOVATION AND ) CONSTRUCTION COMPANY, ) ) Plaintiff, ) ) v. ) ) CLASSICAL FINANCIAL SERVICES, LLC,) Intervenor Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ___________________________________)

Case No. 03-1798C (Chief Judge Damich)

SECOND UNOPPOSED JOINT MOTION FOR ENLARGMENT OF TIME TO RESPOND TO INTERVENOR CLASSICAL FINANCIAL'S COMPLAINT COMES NOW the Plaintiff, American Renovation & Construction Company ("ARC") and the Defendant, the United States, by counsel, and pursuant to RCFC Rule 6.1, jointly move for enlargement of time by 21 days, until August 25, 2005, to file their respective responses to Intervenor Classical Financial Services, LLC's ("Classical") Complaint, stating as follows: 1. 2. 3. 4. Plaintiff, ARC, filed the Complaint in this case on July 28, 2003. Defendant, United States, filed its Answer on November 25, 2003. Classical, filed an Intervenor's Complaint on May 6, 2005. On July 13, 2005, the Court granted St. Paul Fire and Marine

Insurance Company's ("St. Paul") motion to intervene as a matter of right under RCFC 24(a).

Case 1:03-cv-01798-EJD

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5.

Pursuant to RCFC Rule 12, the Court's Order dated April 28, 2005

(Docket #41), and the Clerk's Docket Entry #42, Plaintiff, ARC, and Defendant, United States, were required to file their respective responsive pleadings on or before July 5, 2005. 6. On July 12, 2005, the Court granted ARC's and the United States'

unopposed joint motion for enlargement of time to file their respective responsive pleadings on or before August 4, 2005. 7. As of the date of this Joint Motion, St. Paul, ARC, United States

and Classical, by counsel, continue to discuss means to reach an amicable resolution of the issues in this lawsuit. However, it appears unlikely that the matter can be resolved fully before August 4, 2005. 8. ARC and United States jointly seek an enlargement of time by 21

days to file their respective responses to Intervenor Classical's Complaint. If the Court grants this motion, ARC and United States will each respond separately on or before August 25, 2005. 9. This is the parties' second joint motion for enlargement of time and

respective counsel for United States and ARC represent that this motion is not filed for any improper purpose. 10. Respective counsel for United States and ARC have discussed this

motion with counsel for Classical and represent that Classical does not oppose the enlargement of time requested herein.

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WHEREFORE, ARC and United States respectively request the Court for an enlargement of time by 21 days, until August 25, 2005, to file their respective responses to Intervenor Classical's Complaint. Respectfully submitted, s/Harish C. Mirchandani HARISH C. MIRCHANDANI Watt, Tieder, Hoffar & Fitzgerald, L.L.P 8405 Greensboro Drive, Suite 100 McLean, VA 22102 Tel. (703) 749-1000 Fax. (703) 893-8039 Attorney for Plaintiff DATED: August 2, 2005

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Robert E. Kirschman, Jr. ROBERT E. KIRSCHMAN, JR. Assistant Director s/Michael N. O'Connell MICHAEL N. O'CONNELL Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 305-3634 Fax. (202) 514-8624 Attorneys for Defendant DATED: August 2, 2005

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CERTIFICATE OF FILING I hereby certify that on August 2, 2005, a copy of the foregoing Second Unopposed Joint Motion for Enlargement of Time to Respond to Intervenor Classical's Complaint was filed electronically. I understand that a copy of the Unopposed Motion 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. Pursuant to the Court's Standard Special Procedures Order (Docket #4), ¶4.a., a copy of this Joint Motion was also sent by facsimile to chambers.

s/ Michael N. O'Connell

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