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

Case 1:07-cv-00151-MBH

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Filed 11/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED STATES FIRE INS. CO., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 07-151C (Judge Horn)

JOINT MOTION FOR AN ENLARGEMENT OF FACT DISCOVERY DEADLINE Pursuant to RCFC 6(b), the parties hereby respectfully request an enlargement of time of 90 days in this case, to and including April 2, 2008, to complete fact discovery in the above-captioned case. on January 3, 2008. Discovery is currently scheduled to close

This is the parties' first request for an

extension of the discovery deadline. The reason that an extension of time is sought is that both parties are experiencing unforeseen difficulties with respect to document production in response to pending document requests, despite diligent efforts to comply with the existing schedule. For its part, defendant is in need of additional time to investigate further the whereabouts of a number of documents that are presumed to be responsive to plaintiff's requests. Plaintiff, on the other hand, is still in the process of reviewing for production approximately 26 boxes of documents, and is also attempting to locate additional responsive materials. The parties are cooperating with each other in discovery efforts,

Case 1:07-cv-00151-MBH

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and, at this time, propose to work in good faith to complete their respective document productions on or before December 12, 2007. The parties also have agreed on December 12 as the date

when plaintiff's financial records will be ready for review by the DCAA auditor and when the Government will respond to plaintiff's initial set of interrogatories. An extension of time

of ninety days beyond the current fact discovery deadline of January 3, 2008, will allow for completion of the DCAA audit, for review of what the parties reasonably anticipate will be a substantial universe of relevant documents, and for the completion of depositions and other fact discovery. For the foregoing reasons, the parties respectfully request that the Court grant their joint motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director

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s/Bruce Dickstein BRUCE H. DICKSTEIN Dreifuss, Bonacci & Parker, LLP 26 Columbia Turnpike North Entrance Florham Park, N.J. 07932 Tel: (973) 514-1414 Fax: (973) 514-5959

s/A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 616-5824 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff November 16, 2007

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CERTIFICATE OF FILING I hereby certify that on this 16th day of November 2007, a copy of the foregoing "JOINT MOTION FOR ENLARGEMENT OF FACT DISCOVERY DEADLINE" 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. filing through the Court's system. Parties may access this

s/ A. Bondurant Eley