Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:07-cv-00004-TCW

Document 28

Filed 05/07/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS LAUDES CORPORATION, Plaintiff, v. ) ) ) ) No. 07-4C ) ) (Judge Wheeler) ) ) ) )

THE UNITED STATES, Defendant.

DEFENDANT'S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER Pursuant to Rule 6(b) and 7 of the Rules of the United States Court of Federal Claims, we respectfully request that the Court amend its August 14, 2007 scheduling order (as amended by the Court's February 13, 2008 order) by extending the deadlines therein by 30 days. We have discussed this motion with counsel for plaintiff and he has represented that plaintiff does not oppose this request. The additional time is requested because United States military personnel in Baghdad, Iraq, whose input has formed the basis for much of our response to pending written discovery requests from plaintiff, have been unable to timely respond to the requests due to the press of other matters critical to the military effort in Iraq.1 Their ability to respond to the requests has also been hindered by turn-over in key personnel, limiting "institutional memory" necessary to timely respond to the requests. We have responded to plaintiff's first set of written discovery requests and anticipate providing a near complete response to plaintiff's follow-up written discovery requests in the next several days. This discovery response, however, is expected to be

We are informed that the military attorneys in "The Green Zone" are working fifteen hours a day, seven days a week. Recently, it has not been uncommon for them to spend significant time in a given day in shelters, due to rocket attacks.

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Case 1:07-cv-00004-TCW

Document 28

Filed 05/07/2008

Page 2 of 2

extensive, and plaintiff's counsel informs us that he (reasonably) requires some time to digest it before proceeding to the depositions that he intends to take. Accordingly, we respectfully request that the Court grant this unopposed motion and enlarge the deadlines in the Court's August 14, 2007 order (as amended by the Court's February 13, 2008 order) by 30 days. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305­7586 Fax: (202) 514-7969 Attorneys for Defendant May 7, 2008

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