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

Case 1:07-cv-00143-MMS

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Filed 12/19/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SKANSKA USA BUILDING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-143 (Judge Firestone) PLAINTFF'S MOTION FOR ENLARGEMENT OF TIME (RCFC 6.1) AND PROPOSED ORDER

MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, Plaintiff Skanska USA Building, Inc. ("Skanska") hereby respectfully requests an Enlargement of Time of two (2) days from December 17, 2007 to December 19, 2007 to file its Motion for Summary Judgment on Liability. The amended schedule deadlines set forth by the parties' joint motion and Order, docket no. 22, will correspondingly increased by two days. The parties mutually agreed to extend the deadline for the close of discovery to December 17, 2007. The parties took depositions of key witnesses the last week of November in Seattle, Washington. Since then, Plaintiff Skanska has dutifully reviewed the discovery in accordance with the depositions to prepare for filing its motion for summary judgment on liability up to the deadline for the close of discovery on December 17, 2007. The two day extension permits the Plaintiff to file a more thorough and complete motion for summary judgment which will likely aid the court in its disposition of this case. Counsel for Plaintiff has discussed this motion with opposing counsel. Opposing counsel has informed Plaintiff's counsel that no opposition will be filed. Additionally, the parties

Case 1:07-cv-00143-MMS

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Filed 12/19/2007

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mutually agreed that the responses to Plaintiff's First Requests for Production shall be due January 16, 2008, thirty (30) days from service.

RESPECTFULLY SUBMITTED this 19th day of December, 2007. MARSTON ELISON, PLLC

By s/ Terry R. Marston II . Terry R. Marston II, WSBA No. 14440 Marston Elison, PLLC 16880 NE 79th Street Redmond, WA 98052 Telephone: 425-861-5700 Facsimile: 425-861-6969 E-Mail: [email protected] Attorneys for Plaintiff

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Filed 12/19/2007

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PROPOSED ORDER THIS MATTER having been presented through the above Motion, and the Court having reviewed the files and records herein and being fully advised, now, therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motion for extension of time of two (2) days is GRANTED; IT IS FURTHER ORDERED, that the remaining pretrial schedule is extended by two (2) days. December 17, 2007 December 19, 2007 January 17, 2008 Close of fact discovery on liability. Plaintiff files motion for summary judgment on liability. Government's Responses to Plaintiff's Requests for Production. Government files opposition and cross-motion. Plaintiff files reply in support of its motion and opposition to Government's cross-motion. March 4, 2008 Government files reply in support of its cross-motion.

January 31, 2007 February 19, 2008

DONE IN OPEN COURT this ____________ day of ______________, 2007.

_______________________________ NANCY B. FIRESTONE Judge

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Filed 12/19/2007

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CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of December, 2007, a copy of the foregoing "MOTION FOR ENLARGMENT OF TIME AND PROPOSED ORDER" 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. Parties may access this filing through the Court's system.

s/ Terry R. Marston II Terry R. Marston

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