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

Case 1:06-cv-00387-LB

Document 25

Filed 09/10/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant. ) ______________________________)

INFORMATION SYSTEMS & NETWORKS CORPORATION

CASE NO. 06-387C Judge Block

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO AMEND SCHEDULING ORDER

Plaintiff,

Information

Systems

&

Networks

Corporation

("plaintiff" or "ISN"), by counsel, respectfully requests the Court to enlarge the time periods for completion of fact and expert discovery set forth in the Joint Preliminary Status

Report ("JPSR"), and in so doing, to Amend the Scheduling Order. As explained herein, the parties require this additional time because of the complexity and size of these consolidated cases. A further detailed presentation of the bases of this Motion follows: 1. The JPSR anticipated completion of fact discovery

between the parties by September 30, 2007.

It also required the

filing and completion of expert reports and discovery within four months thereafter (by January 30, 2008). This schedule, as

Case 1:06-cv-00387-LB

Document 25

Filed 09/10/2007

Page 2 of 4

set

forth

in

the

JPSR,

was

overly

optimistic

and

in

fact

unrealistic.

This case involves 13 separate contract claims or

in effect, 13 separate cases, consolidated because the parties are identical. are In most instances, more than 10 years of data of it it going has back to the an early 1980's. The

warranted-some and

Locating

producing

not

been

easy

task.

defendant has previously produced over 14,000 documents. 2. month. ISN is scheduled to produce its documents later this No depositions can be taken until document production The defendant anticipates the taking of a

has been completed.

RCFC 30(b)(6) deposition of ISN but has not been able to do this until ISN has completed its document production. 3. thoroughly Plaintiff and defendant's counsel have conferred, have reviewed the issues attendant to the request for

enlargement, and in good faith believe that the additional time requested will ultimately lead to greater clarity and expedition before the Court. 4. The parties if the purpose Court that the the Scheduling Unopposed Order be for

amended

grants

Motion

Enlargement of Time allowing the following changes to the current Scheduling Order: a. b. c. Fact discovery completion by April 30, 2008; ISN's Expert Report due June 30, 2008; Defendant's Expert Report due August 29. 2008;

2

Case 1:06-cv-00387-LB

Document 25

Filed 09/10/2007

Page 3 of 4

d.

Rebuttal Expert Reports due September 12, 2008 and

September 30, 2008 respectively; 5. Counsel for the defendant has reviewed and approved

this Motion and agreed with the dates therein. Dated: September 12, 2007

Respectfully submitted,

s/Norman H. Singer_______ NORMAN H. SINGER, ESQUIRE Singer & Associates, P.C. 10411 Motor City Drive, 7th Floor Bethesda, MD 20817 Ph (301) 469-0400 Fx (301) 469-2267 Counsel for Plaintiff

3

Case 1:06-cv-00387-LB

Document 25

Filed 09/10/2007

Page 4 of 4

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing

PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME was made available to counsel for the defendant pursuant to this Court's electronic filing systems and was Fedx'd on September 12, 2007 to:

Timothy McIlmail, Esquire Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530

s/Norman H. Singer_______ NORMAN H. SINGER, ESQUIRE

4