Free Order - District Court of Federal Claims - federal

Case 1:07-cv-00003-MMS

Document 17

Filed 03/07/2008

Page 1 of 1

In the United States Court of Federal Claims
No. 07-003 C (Filed: March 7, 2008) ************************************* LINDA A. STOCUM, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER On February 29, 2008, the parties filed a joint status report. The parties represent that they anticipate resolving plaintiff's claims for back pay for driving to and from work in a government vehicle through dispositive motions. The parties disagree over the need for discovery, which plaintiff states will be necessary. Defendant adopts the position that discovery is unwarranted and constitutes an undue burden. It believes that plaintiff's claim is controlled by Adams v. United States, 471 F.3d 1321 (Fed. Cir. 2006), cert. denied, 128 S. Ct. 866 (2008), and should be dismissed as a matter of law. Accordingly, if plaintiff seeks discovery in this matter, then plaintiff should file an appropriate motion, to which defendant will have an opportunity to respond, no later than Friday, March 14, 2008. IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge