Free Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00127-MMS

Document 20

Filed 08/15/2008

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In the United States Court of Federal Claims
No. 07-127 C (Filed: August 15, 2008) ************************************* EDEN ISLE MARINA, INC., * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER The parties in the above-captioned case filed a "Joint Status Report and Amended Scheduling Order."1 The court adopts the parties' proposed schedule,2 as follows: · The parties shall complete fact discovery no later than Friday, January 30, 2009. The parties shall file any amendments to their pleadings no later than Friday, January 30, 2009. Expert reports are due no later than Monday, February 2, 2009. Defendant shall file any motion concerning the statute of limitations no later than Monday, February 2, 2009. Rebuttal expert reports are due no later than Monday, March 2, 2009.

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In its August 5, 2008 order, the court directed the parties to file a joint status report "suggesting a revised scheduled for future proceedings." Here, the parties fashioned the requested joint status report as an order. This is improper because only the court may enter orders. The parties should take care in the future to avoid fashioning their status reports as "orders." The parties suggested several deadlines that fell on the weekend: January 31, 2009; February 1, 2009; May 3, 2009; and May 10, 2009. Thus, the court altered the suggested deadline to the closest business day.
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Case 1:07-cv-00127-MMS

Document 20

Filed 08/15/2008

Page 2 of 2

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The parties shall complete expert discovery no later than Monday, May 4, 2009. The parties shall file a joint status report describing the dispositive motions that they intend to file no later than Monday, May 11, 2009. If the parties indicate that they will not be filing any dispositive motions, the court will contact the parties to schedule a status conference to discuss further proceedings. If one or both of the parties indicate an intent to file a dispositive motion, such motion(s) shall be filed no later than Monday, June 1, 2009.

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IT IS SO ORDERED. s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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