Free Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00887-LJB

Document 13-2

Filed 07/28/2008

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In the United States Court of Federal Claims
No. 07-887 T (Filed July 28, 2008) ************************ JAMES BOSTWICK and MARTI * PHILLIPS, * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************ PRELIMINARY SCHEDULING ORDER On July 24, 2008, pursuant to Appendix A, ¶ 4 of the Rules of the United States Court of Federal Claims (RCFC) filed their joint preliminary status report (JPSR). Therein, the parties reported that they anticipate that this case will go forward to litigation. The parties request that the court first address the question of liability and, if liability is established, allow the parties a reasonable amount of time to engage in discussions to come to an agreement on the amount due, so that the parties can submit a stipulation as to the amount of any judgment. In that regard, counsel for the respective parties request that the parties be permitted to engage in discovery and determine if filing a dispositive motion is appropriate in lieu of or in addition to trial. Upon an examination of the pleadings and the JPSR, pursuant to RCFC 16(b), it is ORDERED that the following preliminary schedule is established: (1) It is assumed that Initial Disclosures, pursuant to RCFC 26(a), have presumably occurred, but if not, shall promptly now occur.

Case 1:07-cv-00887-LJB

Document 13-2

Filed 07/28/2008

Page 2 of 2

(2) All fact discovery, including production of documents, depositions, interrogatories and requests for admissions shall be COMPLETED on or before January 26, 2009.1 (3) The parties shall comply with all requirements of RCFC 26(a)(2) with respect to disclosure of expert testimony within the stated discovery deadline unless the parties request additional time for expert discovery and/or disclosure. (4) On February 12, 2009, counsel are directed to FILE a Joint Status Report informing the court of the status of proceedings in the case and the extent to which the parties have determined whether any or all of the instant matter may be settled.2 The status report shall also set forth a proposed schedule for the exchanges required by Appendix A, ¶ 13 and the filings required by ¶¶ 14 through 17. In the event that any dispositive motions are to be filed, the status report shall state a proposed date for such motions.

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

/ The parties' JPSR did not indicate whether expert discovery was contemplated and, if so, whether it is to be completed by the stated discovery deadline. In the event that additional time beyond the January 26, 2009 discovery deadline is necessary for counsel to comply with the requirements of RCFC 26(a)(2), counsel shall submit a request to the court in that regard prior to the discovery deadline. / The court notes that paragraph (j) of the parties' JPSR requests that the parties be allowed to file a status report within forty-five days of the completion of discovery. However, paragraph (l), the Proposed Discovery Plan section, requests that the parties be allowed to file a status report on or before January 12, 2009. The court ordered the date for the filing of the parties' Joint Status Report forty-five days from the date of the completion of discovery, on or before February 12, 2009.
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