GOOGLE, INC. et al v. USA

Filing 76

Unopposed MOTION for Extension of Time until April 26, 2011 to to file reply brief, filed by USA.Response due by 5/9/2011.(Krafchek, Christopher)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
BID PROTEST
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GOOGLE, INC.,
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Plaintiff,
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and
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ONIX NETWORKING CORPORATION, *
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant,
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and,
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SOFTCHOICE CORPORATION,
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Defendant-intervenor.
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No. 10-743C
(Judge Susan G. Braden)

UNOPPOSED MOTION TO ENLARGE
Pursuant to Rule 6(b) and 6.1 of the Rules of the United States Court of Federal Claims,
defendant, the United States, respectfully requests a four-day enlargement of time, through and
including April 26, 2011, within which to file its reply to plaintiffs’ response to our motion to
terminate the stay of proceedings, dissolve the court's preliminary injunction, and issue a
schedule to resume briefing on the merits of the case (“plaintiffs’ opposition”). Currently, a reply
to plaintiffs’ opposition is due on April 22, 2011. This is defendant’s second request for an
enlargement of time for this purpose. The plaintiffs and defendant-intervenor, through their
respective counsel, have been contacted regarding this request and they do not object.

This enlargement is requested to provide the defendant sufficient time to respond to
plaintiffs’ opposition, which raises significant and complex legal arguments, and to permit
sufficient time for supervisory review. Additionally, good cause exists for this request to enlarge
the date upon which a reply to plaintiffs’ opposition because undersigned counsel is actively
litigating another bid protest, Three S Consulting v. United States, Fed. Cl. No. 10-583, before
this Court and an appeal before United States Court of Appeals for the Federal Circuit, Mojarro
v. United States, Fed. Cir. No. 2011-3079. Additionally, undersigned counsel has been dealing
with a cold all week. Accordingly, although counsel for defendant has worked diligently on this
matter, additional time is required to complete defendant’s reply brief.
Defendant hopes this requested extension is not overly burdensome, and apologizes for
any inconvenience this may cause the Court.
For the foregoing reasons, defendant respectfully requests a four-day enlargement of time,
through and including April 26, 2011, within which to file our reply to plaintiffs’ opposition.
Respectfully submitted,
TONY WEST
Assistant Attorney General
MICHAEL F. HERTZ
Deputy Assistant Attorney General
s/ Kirk T. Manhardt
KIRK T. MANHARDT
Assistant Director

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OF COUNSEL
SHERYL RAKESTRAW
Attorney Advisor
Department of the Interior

s/ Christopher L. Krafchek
CHRISTOPHER L. KRAFCHEK
Trial Attorney
Commercial Litigation Branch
Civil Division
Department of Justice
1100 L Street, N.W.
Washington, D.C. 20005
Tel: [phone]
Fax: [phone]

April 22, 2011

Attorneys for Defendant

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CERTIFICATE OF FILING
I hereby certify that on this 22nd day of April, 2011, a copy of the foregoing “Unopposed
Motion To Enlarge” 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/Christopher L. Krafchek