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

Case 1:07-cv-00183-EGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS J.H. PARKER CONSTRUCTION COMPANY, INC. ) ) ) ) ) ) ) ) ) )

Plaintiff, v. THE UNITED STATES, Defendant.

No. 07-183C (Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests that the Court grant an enlargement of time of 60 days to all dates in the current schedule. The current schedule is set forth in an order, This is the third motion for this purpose,

dated April 18, 2009.

the parties having jointly moved for an enlargement of 45 days, and the defendant having moved for an enlargement of 70 days. Counsel for the plaintiff, J.H. Parker Construction Company, Inc. ("Parker"), has authorized us to state that Parker does not oppose this motion. The parties have limited their discovery efforts in the hope that settlement will be possible. The main activity at the

present time is an audit of Parker's claim (including a related audit of certain amounts claimed by a subcontractor) by the Defense Contract Audit Agency ("DCAA"). be completed in mid to late July. The audit is expected to

Counsel for both parties agree

that it is in the interests of justice and judicial economy to

Case 1:07-cv-00183-EGB

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explore settlement possibilities before initiating costly and time-consuming discovery. Accordingly, the parties have

postponed extensive discovery until after the completion of the DCAA audit, and subsequent settlement discussions. The full enlargement of time requested is needed. Parker is With

currently due to submit its expert report on June 27, 2008.

the enlargement, this deadline will be become August 26, 2008. The revised deadline will permit time for negotiations in late July, after the DCAA audit is completed, and additional time for Parker to complete its expert report in the event that negotiations are unsuccessful. For these reasons, we respectfully request that all dates in the order, dated April 18, 2008 be extended by 60 days. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director S/Bryant G. Snee BRYANT G. SNEE Deputy Director

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S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W. Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 June 17, 2008 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on June 17, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" 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 Court's system. S/ James W. Poirier Parties may access this filing through