Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

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Filed 09/12/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-289C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR STIPULATED BRIEFING SCHEDULE The United States respectfully requests the Court to establish the following briefing schedule, which the parties proposed in their July 30, 2003 joint preliminary status report ("JPSR"), for the parties' cross-motions for summary judgment. Plaintiff indicated its support for this request in the JPSR. In accordance with the agreed schedule, plaintiff filed a motion for summary judgment on August 15, 2003. a first amended motion on August 21. currently due on September 22.) (Plaintiff filed

Defendant's response is

The parties have agreed that

defendant may conduct discovery related to the issues raised in plaintiff's summary judgment motion through November 14, 2003, and that defendant's response to the motion should be due on or before December 15, 2003. The parties further agree that

defendant will file a cross-motion for partial summary judgment on or before November 3, 2003, with further briefing of the cross-motion to proceed according to the Court's Rules. Plaintiff does not anticipate needing discovery in connection with defendant's cross-motion. Accordingly, we respectfully request that the schedule above

Case 1:03-cv-00289-FMA

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be adopted.

The next filing due would be defendant's cross-

motion, due on or before November 3, 2003. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/Kyle Chadwick KYLE CHADWICK Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant September 12, 2003

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Case 1:03-cv-00289-FMA

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Filed 09/12/2003

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CERTIFICATE OF FILING I certify that on September 12, 2003, a copy of foregoing Notice of Appearance 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. filing through the Court's system. Parties may access this

s/Kyle Chadwick

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