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

Case 1:06-cv-00436-MCW

Document 22

Filed 07/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) )

ULYSSES INC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

No. 06-436C Judge Williams

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND PLAINTIFF'S NOTICE OF NO OPPOSITION TO GOVERNMENT'S MOTION TO AMEND ANSWER AND TO ADD COUNTERCLAIMS Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, Plaintiff, Ulysses Inc.( "Ulysses"), respectfully moves for an enlargement of the discovery schedule by 120 days for written discovery, from the date of this filing. This would be with additional enlargement for the remaining discovery. This is the parties' fourth request for an enlargement of time in this matter (several were jointly with the Government). Previous requests have been made on March 7, 2007, March 15, 2007 and June 4, 2007. This is Plaintiff's first such request with new counsel. Prior plaintiff's counsel undertook minimal discovery through no fault of Plaintiff. Furthermore, the government seeks to amend its answer with potentially significant adverse consequences to Plaintiff and significant additional issues. While Plaintiff has no opposition to the Government's motion, Plaintiff can only prepare to defend itself if it is granted an additional period for discovery. The Government does not oppose Plaintiff's request for the 120 days of additional time for written discovery.

Case 1:06-cv-00436-MCW

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Filed 07/16/2007

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Plaintiff recently retained the undersigned counsel to represent Plaintiff in the above-captioned matter. The undersigned counsel filed a motion for leave to substitute counsel as attorney of record on June 21, 2007. Prior to present counsel, and through no fault of plaintiff, prior counsel failed to undertake effective discovery. Except for limited interrogatories being filed, a request for admissions was not made, a request for production of documents was not made, not even a request for a copy of the government's contract file. In the interest of justice, additional time is needed to conduct complete and full discovery. Accordingly, we respectfully request that the Court enlarge by 120 days the time for Plaintiff to conduct written discovery, in addition to the time already scheduled for depositions, which may continue as the parties deem appropriate during this time period, so that the schedule will read as follows:

1.

Written Fact Discovery. All written fact discovery to conclude November 13, 2007.

2.

Depositions of Fact Witnesses. All depositions of fact witnesses to be completed by January 9, 2008.

3. 4.

Dispositive Motions. To be determined. And, Telephonic Conference. A telephonic status conference to be scheduled for January 18, 2007, or thereafter as the Court determines.

Dated: July 16, 2007

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Case 1:06-cv-00436-MCW

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Filed 07/16/2007

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s/ Kenneth J. Haber Kenneth J. Haber Law Office of Kenneth Joel Haber, P.C. 15879 Crabbs Branch Way Rockville, MD 20855 Phone: (301) 670-0016 Fax: (301) 948-3091 Attorney for Plaintiff

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Case 1:06-cv-00436-MCW

Document 22

Filed 07/16/2007

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CERTIFICATE OF FILING I hereby certify that on this 16th day of July, 2007, a copy of the forgoing PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND PLAINTIFF'S NOTICE OF NO OPPOSITION TO GOVERNMENT'S MOTION TO AMEND ANSWER AND TO ADD COUNTERCLAIMS was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. s/ Kenneth J. Haber

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