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

Case 1:06-cv-00345-EGB

Document 46

Filed 09/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CASE NO.: 06-345-C JUDGE: ERIC G. BRUGGINK GRACE AND NAEEM UDDIN INC., Plaintiff, v.

THE UNITED STATES, Defendant. __________________________________/ GRACE AND NAEEM UDDIN, INC.'S UNOPPOSED MOTION TO MODIFY DISCOVERY SCHEDULE Plaintiff, GRACE AND NAEEM UDDIN, INC., (hereinafter

"GNU"), by and through the undersigned counsel and pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, hereby files this Unopposed Motion To Modify Discovery Schedule, and states as follows: 1. On or about June 12, 2008, this Honorable Court issued a Scheduling Order setting forth a revised discovery schedule. 2. Pursuant completion of to that Scheduling and Order, the deadline of Experts for is

Fact

Discovery

Disclosure

October 24, 2008; the deadline for Submission of Expert Reports is November 21, 2008; the deadline for Expert Depositions is

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December

26,

2008;

and

the

deadline

for

the

Close

of

All

Discovery is December 31, 2008. 3. GNU scheduled fact witness depositions for September 11, 2008 and September 12, 2008. 4. However, counsel for GNU had unforeseen shoulder surgery on August 27, 2008, and recovery has limited counsel's travel into heavily trafficked areas, and as a result, the depositions for September had to be cancelled. 5. Counsel for GNU and counsel for USDA agreed to postpone the depositions until October 20 and 21st, respectively. 6. The parties now seek to have the discovery deadlines

extended 30 days each. 7. Accordingly, GNU respectfully requests that the Court adopt the following modifications to the existing schedule established in the Court's Order dated June 12, 2008: Deadline for Completion of Fact Discovery and Disclosure of Experts Pursuant to Rule 26(a): Deadline for Submission of Expert Reports: Deadline for Expert Depositions: Close of All Discovery:

November 24, 2008 December 21, 2008 January 26, 2008 January 31, 2008

WHEREFORE, Plaintiff, GRACE AND NAEEM UDDIN, INC. requests that this Honorable Court adopt the foregoing modifications to 2

Case 1:06-cv-00345-EGB

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the existing Discovery Schedule established in the Court's Order dated June 12, 2008 and to order any additional relief this Honorable Court may deem equitable and just. Respectfully submitted, s/ David R. Elder Attorney for Plaintiff DAVID R. ELDER Elder & Lewis, P.A. Bayview Executive Plaza, Suite 301 3225 Aviation Avenue Coconut Grove, FLA 33133 Tel: (786) 314-5155 Fax: (503) 314-5811

CERTIFICATE OF FILING I hereby certify that on September 4, 2008 a copy of the foregoing "UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ David R. Elder Attorney for Plaintiff DAVID R. ELDER FLA. BAR NO. 272442 Elder & Lewis, P.A. Bayview Executive Plaza, Suite 301 3225 Aviation Avenue Coconut Grove, FLA 33133 Tel: (786) 314-5155 Fax: (503) 314-5811

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