Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM

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Filed 10/10/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS U.S. Financial Corp. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-623C (Senior Judge Margolis)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests a 14day enlargement of time, to and including October 24, 2003, to file a response to the motion for summary judgment filed by plaintiff, U.S. Financial Corp. October 10, 2003. Our response is currently due on

This is our first request for an enlargement We were unable to contact plaintiff's

of time for this purpose.

counsel to ascertain his position on this motion. The requested enlargement of time is necessary because the undersigned counsel has been required to spend an unexpected amount of time working on a pending bid protest, PGBA, LLC v. United States, Fed. Cl. No. 03-1986. The Government's final In addition, the

brief in PGBA is due on October 17, 2003.

undersigned counsel is required to file a dispositive motion in Interstate Construction Corp. v. United States, Fed. Cl. No. 02959, by October 15, 2003; a status report in Mountbatten Surety Co. v. United States, Fed. Cl. No. 02-1228, by October 20, 2003;

Case 1:03-cv-00623-LSM

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and has an all-day ADR session scheduled in Mountbatten on October 22, 2003. In the past month, the undersigned counsel has filed a motion for judgment upon the administrative record in PGBA, a reply to plaintiff's cross-motion for judgment upon the administrative record in Clifford v. United States, Fed. Cl. No. 02-982; a motion to dismiss and opposition to plaintiff's motion for summary judgment in Miller v. United States, Fed. Cl. No. 031246; a memorandum describing the bases for a motion to dismiss in Mack v. United States, Fed. Cl. No. 03-802; and a formal brief in Parker v. Dep't of the Navy, Fed. Cir. No. 03-3178. For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the time within which we may respond to plaintiff's motion for summary judgment by 14 days, to and including October 24, 2003. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director /s Mark A. Melnick MARK A. MELNICK Assistant Director

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October 10, 2003

/s Margaret E. McGhee MARGARET E. McGHEE 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

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NOTICE OF FILING I hereby certify that on October 10, 2003, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing 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. s/ Margaret E. McGhee