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

Case 1:07-cv-00338-NBF

Document 19

Filed 06/05/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) )

EDWARD F. CHANNELL, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

No. 07-338C (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests that this Court grant an enlargement of time of 10 days, to and including Monday, June 16, 2008, within which to complete discovery. Such discovery currently is set to close on June 6, 2008. Furthermore, defendant respectfully requests that this Court grant an enlargement of eight days, to and including Friday, June 20, 2008, within which to file the Joint Status Report required by the Court's November 28, 2007 scheduling order. This is the defendant's second request for an enlargement of time for these purposes. Plaintiffs' counsel has stated that he does not oppose this motion. This motion for an enlargement of time is necessary because additional time is required to complete discovery in this case. Defendant noticed depositions to be taken on June 2, 2008 through June 4, 2008. Unfortunately, undersigned counsel for defendant became ill on Monday, June 2, 2008, and was, therefore, unable to take the two depositions scheduled for that day. The parties were able to reschedule one of the depositions, but the other deponent is unavailable during the remainder of the discovery period. Undersigned counsel for defendant will be out of town the following week, preparing for trial in Scott Timber Co. v. United States, Fed. Cl. No. 05-708. Therefore, defendant intends to take the final deposition on Monday, June 16, 2008.

Case 1:07-cv-00338-NBF

Document 19

Filed 06/05/2008

Page 2 of 3

Following the close of discovery, the parties will be in a position to assess whether they will be able to resolve this case through settlement without the need for further Court intervention. For the foregoing reasons, the defendant respectfully requests that the Court grant its motion for an enlargement of time of 10 days, to and including Monday, June 16, 2008, for the parties to complete discovery; and its motion for an enlargement of time of eight days, to and including Friday, June 20, 2008, within which the parties must file a Joint Status Report. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Todd M. Hughes TODD M. HUGHES Deputy Director s/Ellen M. Lynch ELLEN M. LYNCH Trial Attorney, Commercial Litigation Branch Civil Division, Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-7994 Fax: (202) 514-8624

June 5, 2008

Attorneys for Defendant

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Case 1:07-cv-00338-NBF

Document 19

Filed 06/05/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that, on this 5th day of June, 2008, I caused to be filed electronically the foregoing DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME with the United States Court of Federal Claims. 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/Ellen M. Lynch ELLEN M. LYNCH