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

Case 1:07-cv-00285-MMS

Document 17-2

Filed 05/09/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) ELIP, LLC,

Hon. Margaret M. Sweeney

No. 07-285

UNOPPOSED MOTION TO ENLARGE THE DISCOVERY PERIOD Defendant, United States of America, with the agreement of plaintiff, ELIP, LLC, hereby respectfully moves to revise the discovery schedule in the above referenced matter. Defendant, with the agreement of plaintiff, moves to extend the discovery deadline by an additional forty five (45) days, or to and including June 23, 2008, so the parties can depose each other's appraisal experts. By an Order dated November 1, 2007, the Court set February 1, 2008 as the closing date for discovery in this case. In its February 12, 2007 Order, the Court extended the discovery deadline to May 1, 2008. This is the second request for extension of this deadline. This case arises from the Federal Aviation Administration's lease holdover on a parcel of land owned by plaintiff. Defendant is prepared to enter a stipulation with respect to liability. With regard to valuation of just compensation, the parties still need to conduct depositions of each other's appraisal experts. This undertaking was delayed because defendant's appraisal, which was supposed to be delivered April 1, 2008, was not delivered to counsel for defendant until April 30, 2008. The parties plan to conduct the depositions the week of June 9, 2008. Counsel for defendant contacted counsel for plaintiff who indicated that plaintiff does not

Case 1:07-cv-00285-MMS

Document 17-2

Filed 05/09/2008

Page 2 of 2

object to this enlargement for the purpose of conducting depositions of the appraisers in this matter. WHEREFORE, for the reasons stated above, defendant respectfully requests that the deadline for completion of discovery be extended forty five (45) days, or to and including June 23, 2008. Dated: May 9 2008.

Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division

s/ Mark T. Romley Mark T. Romley Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0458 Fax: (202) 305-0274