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

Case 1:07-cv-00143-MMS

Document 21

Filed 11/19/2007

Page 1 of 3

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

No. 07-143C Judge Firestone

JOINT MOTION FOR EXTENSION OF TIME TO COMPLETE LIABILITY DISCOVERY AND SUMMARY JUDGMENT BRIEFING REGARDING LIABILITY Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, the parties hereby respectfully request that the pretrial dates in this matter, including the deadline for liabilityrelated fact discovery and associated summary judgment briefing, be enlarged by two weeks. This is the parties' first request for an enlargement of time in which to complete liability discovery and briefing. Fact discovery as to liability is currently scheduled to close on December 3, 2007, the same date that plaintiff's motion for summary judgment is due. Due to difficulties coordinating attorney and witness availability for depositions, however, the parties currently contemplate that all liability-related depositions will be completed between November 27, 2007 and November 30, 2007. As such, under the current schedule, the transcripts of such depositions will not be available to plaintiff's counsel as he prepares his summary judgment brief. Therefore, plaintiff and defendant respectfully propose the following amended schedule: December 17, 2007 December 17, 2007 January 29, 2008 Close of fact discovery on liability Plaintiff's motion for summary judgment on liability Government's response and cross-motion for summary judgment on liability

Case 1:07-cv-00143-MMS

Document 21

Filed 11/19/2007

Page 2 of 3

February 15, 2008

Plaintiff's reply in support of its motion and response to Government's cross-motion Government files reply in support of its cross-motion

February 29, 2008

The parties believe that the foregoing schedule will allow for comprehensive briefing on liability issues. 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/Martin F. Hockey MARTIN F. HOCKEY, JR. Assistant Director

s/Terry R. Marston, II TERRY R. MARSTON, II MARSTON ELISON, PLLC 16880 NE 79th Street Redmond, WA 98052 Tel: (425) 861-5700 Fax: (425) 861-6969

A. Bondurant Eley A. BONDURANT ELEY Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Classification Unit, 8th Floor Washington, DC 20530 Tel: (202) 616-8254 Fax: (202) 514-8624 Attorneys for Defendant

Attorneys for Plaintiff

Case 1:07-cv-00143-MMS

Document 21

Filed 11/19/2007

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of November, 2007, a copy of the foregoing "JOINT MOTION" 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/ A. Bondurant Eley