Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 196-2

Filed 10/03/2005

Page 1 of 3

APPENDIX

Case 1:00-cv-00697-JFM

Document 196-2

Filed 10/03/2005

Page 2 of 3

Cole
130, Tlqrd Avenue. 5uit¢ 4~OO Rich:m} W. Ochlcr Sea[tie,W'f~ ~x~ 206 359.9ooo

BY FACSIMILE AND FIRST CLASS MAIL September 23, 2005 Mr. Kevin B. Crawford Trial Attorney U.S. Departmentof Justice CommercialLitigation Branch Civil Division Artn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC20530 Re: WisconsinElectric Po~verCo. v. United States, No. 00-697C

Dear Mr. Crawford: Wewere shocked whenthe Government informed us that the Government wa.ats to depose20 individuals in this case prior lo the close of discovery on November 4, 2005. Wehad no idea, madthe Govemmem provided no notice, ~hat it intended to attempt to take this many depositions in so short a ~ime. Moreover,the Court issued the pretrial schedule in this case in November 2004. WisconsinElectric ("WE")then provided its Rule 26 disclosures in February2005. The Government provided no explanation whatsoeverfor its delay in waiting until has near the end of the discovery period to surprise WE with a request to depose 20 individuals. Further, we believe that the Government wouldneed to obtain leave of court to take morethan ten deposition~ in this action. Thecurrent Rule 30(a)(2)(A)(2002) a path, to obtain [cave of the Courtif it proposesmorethan ten depositions. While this action wasfiled in 2000,. Rule 86 states that the cogentrules, includingRule 30(a)(2)(A), apply to all cases Pendingon May 1,2002 unless application

Case 1:00-cv-00697-JFM

Document 196-2

Filed 10/03/2005

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Mr. Kevin B. Crawford September 23, 2005 Page 2

revised rules (1) wouldnot be feasible or (2) wouldworkinjustice. Neither circumstance applies Therefore, WE requests that the Government submit a revised deponentlist and identify the ten individuals fllat the Government wishes to depose. Verytruly yours,

Richard W. Oehler RWO:pmr cc: Catherine Phillips Donald J. Carney

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