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

Case 1:03-cv-01242-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED PARTITION SYSTEMS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-1242C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time of 30 days, to and including August 20, 2003, within which to file our response to plaintiff's complaint. July 21, 2003. Our response is currently due on

The enlargement would bring the date for This is the On

responding to the complaint to August 20, 2003.

Government's first request for an enlargement of time.

July 17, 2003, defendant's counsel discussed this request with plaintiff's counsel, Mr. Jeppson, who indicated that plaintiff will not oppose the Government's motion. Plaintiff's counsel has represented that United Partition Systems, Inc. ("United Partition") will soon file a motion to stay this case, to which the Government is unopposed. The

purpose of United Partition's stay request will be to allow the parties to await a final decision from the General Services Administration ("GSA") contracting officer, following a decision

Case 1:03-cv-01242-CFL

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from the Armed Services Board of Contract Appeals that found the GSA contracting officer the appropriate individual to decide plaintiff's claim. Further, government's counsel will have to

wait for the GSA contracting officer's final decision before she can obtain a complete litigation report from agency counsel and determine how to proceed in this litigation. The Government

would have filed this motion for enlargement sooner, but had anticipated that the motion to stay further proceedings would have been filed at this point. In light of this forthcoming motion, the Government requests this enlargement of 30 days. For the foregoing reasons, defendant respectfully requests that the Court grant this motion for an enlargement of time of 30 days, to and including August 20, 2003, to respond to the complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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s/Cristina C. Ashworth CRISTINA C. ASHWORTH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-0282 Attorneys for Defendant July 21 , 2003

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 18th day of July 2003, I caused to be sent by first-class mail, copies of "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT" addressed as follows:

Paul F. Dauer Eric O. Jeppson BEST BEST & KRIEGER, LLP 400 Capitol Mall, Suite 1650 Sacramento, CA 95814

s/ Cristina C. Ashworth