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 70 days to all dates in the current schedule. The current schedule is set forth in an order, This is the second motion for this

dated February 29, 2009.

purpose, the parties having jointly moved for an enlargement of 45 days. Counsel for the plaintiff, J.H. Parker Construction

Company, Inc. ("Parker"), has authorized us to state that Parker does not oppose this motion. Counsel for the parties are currently exploring the possibility of settlement. Counsel agree that it is in the

interests of justice and judicial economy to explore settlement possibilities before initiating costly and time-consuming discovery. Accordingly, the parties are cooperating in narrowly-

targeted, informal discovery at the present time. For example, the United States recently provided access to the dam site to Parker's geo-technical expert. For another

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example, Parker recently provided an electronic copy of its financial records to the United States and to the Defense Contract Audit Agency ("DCAA"). Both parties agree that successful settlement discussions are more likely to occur after Parker completes its current technical analysis, and after the DCAA completes the audit which was recently begun. The earliest likely date for completion of

the DCAA audit is the end of May -- though there is some uncertainty regarding this date. Furthermore, the person who is likely to testify at trial upon behalf of the United States regarding scheduling matters is due to have surgery soon. Thus, it is unlikely that our expert

report on delay issues could be completed according to the current litigation schedule. For these reasons, we respectfully request that all dates in the order, dated February 29, 2008 be extended by 70 days. Respectfully submitted, JEFFREY S. BUCHHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director S/Bryant G. Snee BRYANT G. SNEE Assistant 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 April 14, 2008 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on April 14, 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