Free Scheduling Order - District Court of Federal Claims - federal

Case 1:90-cv-00162-LJB

Document 689

Filed 05/19/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 90-162C and Consolidated Cases (Filed May 19, 2008) * * * * * * * * * * * * * ** STEPHEN ADAMS, et al., Plaintiffs, v. THE UNITED STATES, Defendant. * * * * * * * * * *

* * * * * * * * * * * * * * * * ORDER On May 12, 2008, plaintiffs filed a Motion under RCFC 56(f), for a Continuance to Permit Them to Conduct Discovery for the Purpose of Opposing Defendant's Motion for Summary Judgment Regarding Remaining "Driving Time" Claims. Defendant's response to plaintiff's motion for a continuance is currently due to be filed on or before May 29, 2008. On April 11, 2008, defendant filed a Motion for Partial Summary Judgment Regarding Remaining Driving Time Claims. Plaintiff filed a response to defendant's motion for summary judgment on May 12, 2008. Hence, defendant's reply to plaintiff's response to its motion for summary judgment also is currently due on May 29, 2008. Because the court cannot rule on plaintiffs' motion for a continuance until it is fully briefed, and since the court's decision on plaintiffs' motion directly relates to defendant's motion for summary judgment, the court hereby suspends the briefing schedule on defendant's motion for summary judgment, pending the court's issuance of a decision on plaintiff's motion for a continuance.

Case 1:90-cv-00162-LJB

Document 689

Filed 05/19/2008

Page 2 of 2

Accordingly, it is ORDERED that the Clerk's Office is hereby directed to SUSPEND briefing on defendant's Motion for Summary Judgment, filed April 11, 2008, until further order of the court; and defendant shall FILE its Response to Plaintiffs' Motion for a Continuance, on or before May 29, 2008.

/s/Lynn J. Bush LYNN J. BUSH Judge

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