Free Motion for Extension of Time to Complete Discovery - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

Document 184

Filed 04/11/2008

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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 ENLARGEMENT OF TIME IN WHICH TO TAKE TWO EXPERT DEPOSITIONS Pursuant to Rules 6, 6.1, 7, and 29 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests the Court's permission to depose plaintiff's two testifying experts, Robert A. Imel and Patrick J. Killman, no later than April 29, 2008, which is eight calendar days after the scheduled close of discovery in this case on April 21, 2008. This is our first such request. Frank L. Broyles, counsel for plaintiff, United Medical Supply Company, Inc., states that plaintiff does not oppose this motion. We anticipate taking both depositions by telephone on April 29. Mr. Broyles will depose our testifying expert, Derk G. Rasmussen, on April 16, in Salt Lake City, Utah. Undersigned counsel for defendant will be on travel for discovery in another case during the remainder of that week. On April 3, 2008, we proposed to depose plaintiff's experts on the final day of the scheduled discovery period, Monday, April 21. Plaintiff's counsel stated that the 21st was not convenient, and proposed to request leave of the Court to schedule the depositions for later in that week. We tentatively agreed. However, the next day on which both experts and both counsel are available is the 29th, the Tuesday of the following week. Accordingly, we request an enlargement of time of eight days, to and including April 29, 2008,

Case 1:03-cv-00289-FMA

Document 184

Filed 04/11/2008

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solely for the purpose of completing these two depositions. The parties do not foresee a need to request an enlargement of the deadline of May 5, 2008, to file a joint status report. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

OF COUNSEL: MICHAEL McGLINCHEY Trial Attorney Defense Supply Center Philadelphia

s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0476 Attorneys for Defendant

April 11, 2008

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Case 1:03-cv-00289-FMA

Document 184

Filed 04/11/2008

Page 3 of 3

CERTIFICATE OF FILING I certify that on April 11, 2008, the attached was filed electronically. I understand that service is complete upon filing and parties and others may access this filing through the Court's electronic system.

s/Kyle Chadwick

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