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

Case 1:07-cv-00777-SGB

Document 15

Filed 07/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METCALF CONSTRUCTION CO., INC. ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 07-777 C (Judge Braden)

JOINT MOTION FOR FIRST REVISED SCHEDULING ORDER Metcalf Construction Company, Inc. and the United States of America, through counsel and pursuant to Rules 7 and 16(b) of the Rules of the United States Court of Federal Claims, request that the Court enter the attached revised Scheduling Order, and state as follows: 1. On April 16, 2008, the Court issued a Scheduling Order. The parties, upon the

showing of good cause made in this motion, wish to modify the schedule. 2. Since the issuance of the Scheduling Order, the parties have engaged in discovery

and are currently scheduling more depositions, which are likely to occur in December. 3. Discovery is taking longer than counsel for the parties anticipated. The parties

have cooperated in scheduling depositions, but the scheduling is difficult because witnesses reside all over the world, counsel for both parties are located in the District of Columbia, and the depositions are taking place in Hawaii, where the subject construction project was performed. 4. Additionally, the parties have agreed in principle to mediate the dispute, and the

mediation is likely to take place in early 2009. 5. For these reasons, the parties wish to extend the dates in the Scheduling Order by

approximately ninety (90) days, as indicated in the attached proposed Scheduling Order. 6. This is the parties' first request to revise the Scheduling Order.

Case 1:07-cv-00777-SGB

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Filed 07/18/2008

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WHEREFORE, the parties jointly request that the Court issue the proposed First Revised Scheduling Order attached hereto. Dated: July 18, 2008 Respectfully submitted, /s/ Robert J. Symon ROBERT J. SYMON Bradley Arant Rose & White LLP 1133 Connecticut Avenue, NW 12th Floor Washington, D.C. 20036 (202) 393-7150 (phone) (202) 347-1684 (facsimile) Attorney for Plaintiff Of Counsel: ERIC A. FRECHTEL Bradley Arant Rose & White LLP 1133 Connecticut Avenue, N.W. 12th Floor Washington, D.C. 20036 (202) 393-7150 (phone) (202) 347-1684 (facsimile) JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director Of Counsel: MONIQUE MYATT GALLOWAY Trial Attorney Navy Litiagation Office Office of The General Counsel Department of The Navy /s/ David S. Silverbrand DAVID S. SILVERBRAND Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-3278 Fax: (202) 353-7988 Attorneys for Defendant

Case 1:07-cv-00777-SGB

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Filed 07/18/2008

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 18th day of July, 2008, a copy of the foregoing Joint Motion for First Revised Scheduling Order 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. Parties may access this filing through the Court's system.

/s/ Eric A. Frechtel

Case 1:07-cv-00777-SGB

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Filed 07/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METCALF CONSTRUCTION CO., INC. ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 07-777 C (Judge Braden)

FIRST REVISED SCHEDULING ORDER Upon consideration of the Joint Motion for First Revised Scheduling Order, the following revised pre-trial schedule is adopted: 1. The Court will hold a telephone conference with the parties on December 22, 2008, at 2 PM. The parties shall file any initial expert reports on or before February 9, 2009. The parties shall file rebuttal expert reports on or before March 10, 2009. Discovery shall be completed by April 23, 2009. Dispositive motions, if any, shall be filed no later than May 25, 2009. If no dispositive motions are filed, the parties shall submit a proposed pretrial order and proposed dates for trial by August 13, 2009.

2. 3. 4. 5. 6.

Pursuant to Rule 16 and Appendix A of the Rules of the United States Court of Federal Claims, the foregoing schedule is hereby made an order of the Court. IT IS SO ORDERED. _____________________________ SUSAN G. BRADEN Judge