Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:03-cv-00177-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RILEY & EPHRIAM CONSTRUCTION CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-177 (Judge Baskir)

JOINT MOTION FOR LEAVE OF COURT TO FILE OUT OF TIME JOINT STATUS REPORT Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), the parties, through their respective counsel, respectfully request that the Court grant them leave to file out of time a joint status report, which was originally due on March 1, 2007. Counsel for the parties have been in frequent contact about this case. On Wednesday, February 21, 2007, counsel for the defendant sent an e-mail to plaintiff's counsel stating that she would be on annual leave the week of February 26-March 2 and that either she would file a motion for an extension of time to complete discovery before she left on leave, or that counsel for plaintiff should file that motion on behalf of both parties the following week. Unfortunately, neither counsel filed their intended motion prior to the end of the discovery period on March 1, 2007. Moreover,

Case 1:03-cv-00177-LMB

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because this Court's latest scheduling order, dated, did not indicate that a joint status report was due on the same date, March 1, counsel for the parties were unaware that a joint status report was required until counsel for the defendant looked at the CM/ECF information for this case. Counsel for the parties regret this error and will take steps to ensure that this does not occur in the future. Accordingly, we respectfully request that the Court allow the parties to file the joint status report out of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director S/Steven L. Smith STEVEN L. SMITH Smith, Cooksey & Vickstrom PLLC One Executive Park 6060 J.A. Jones Drive, Suite 208 Charlotte, NC 28287 Tele: (704) 557-9929 Fax: (704) 557-9932 Attorney for Plaintiff S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th fl. Washington, D.C. 20530 Tel. (202) 616-2228 Fax (202) 305-7643 Attorneys for Defendant
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Dated: March 12, 2007

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 12th day of March 2007 a copy of the foregoing "JOINT MOTION FOR LEAVE OF COURT TO FILE OUT OF TIME JOINT STATUS REPORT" 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. The parties may access this filing through the Court's system.

s/Tara K. Hogan

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RILEY & EPHRIAM CONSTRUCTION CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-177 (Judge Baskir)

JOINT STATUS REPORT The parties respectfully submit this joint status report, informing the Court of the parties' progress in this case. Since the parties' last joint status report, counsel for the parties have scheduled three depositions to take place during the week of March 12-16, 2007 in Atlanta, Georgia. The parties anticipate that after these depositions have been taken, they will be in a better position to evaluate the next steps for this case, including the possibility of settlement or alternate dispute resolution. Accordingly, the parties propose that they file a joint status report thirty days from the date of this joint status report, informing the Court of their progress and intended further action for prosecuting this litigation. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

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JEANNE E. DAVIDSON Director S/Harold D. Lester, Jr. HAROLD D. LESTER, Jr. Assistant Director S/Steven L. Smith STEVEN L. SMITH Smith, Cooksey & Vickstrom PLLC One Executive Park 6060 J.A. Jones Drive, Suite 208 Charlotte, NC 28287 Tele: (704) 557-9929 Fax: (704) 557-9932 Attorney for Plaintiff S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th fl. Washington, D.C. 20530 Tel. (202) 616-2228 Fax (202) 305-7643 Attorneys for Defendant

Dated: March 12, 2007

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 12th day of March 2007 a copy of the foregoing "JOINT STATUS REPORT" 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. The parties may access this filing through the Court's system.

s/Tara K. Hogan