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

Case 1:06-cv-00345-EGB

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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. __________________________________/ PLAINTIFF, 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. Plaintiff has filed prior Agreed and/or Unopposed Motions to Modify the Discovery Schedule, the last of which was granted by this Honorable Court in an order dated on or about March 18, 2008. 2. This Motion is necessary for the following reasons:

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Case 1:06-cv-00345-EGB

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a. GNU's

claim

for

monetary by

relief the USDA

stemming was

from

a

wrongful

termination

previously

dismissed from this action based on the lack of a decision by the contracting officer. b. On or about April 23, 2008 the Contracting Officer denied GNU's monetary claim. c. On or about May 7, 2008, GNU filed its Motion for Leave to Amend its Complaint to allege a monetary

claim. GNU's Motion for Leave to Amend its Complaint was granted by this Honorable Court. Shortly

thereafter GNU filed its Amended Complaint against the U.S. d. From the time the monetary claim was dismissed until the Amended Complaint was granted, GNU has been able to pursue only discovery issues relevant to the

termination decision by the USDA, as opposed to the completion/damages element of the claim. e. GNU now desires to perform discovery with regard to the post-termination aspects of its claim, among

others. f. Moreover, Joan Baker, a USDA Contracting Officer for the Project was ill on the date of her scheduled

deposition. 2

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g. Additionally,

Faith

McNamee,

an

additional

USDA

Contracting Officer of the Project is on convalescent leave perform from a her employment from and will be unable May, to

deposition

approximately

2008

until July, 2008. h. As a result, due discovery to has been slower of the than USDA

anticipated

unavailability

Contracting officers. 3. Therefore, GNU respectfully requests the Court adopt the following modification regarding the Discovery Schedule: Close of all fact discovery and disclosure of experts pursuant to Rule 26(a): October 24, 2008 Deadline for submission of expert reports: November 21, 2008 Deadline for expert depositions: December 26, 2008 Close of all discovery December 31, 2008 4. Counsel for GNU has contacted counsel for the U.S. and counsel for the U.S. is in agreement with the dates

proposed herein. WHEREFORE, the Plaintiff, GRACE AND NAEEM UDDIN, INC.

requests this Honorable Court adopt the foregoing modifications to the existing Discovery Schedule and any additional relief this Honorable Court may deem equitable and just.

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Respectfully submitted, s/ David R. Elder Attorney for Plaintiff DAVID R. ELDER USCFC BAR NO Application Pending 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 CERTIFICATE OF FILING I hereby certify that on June 10, 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 USCFC BAR NO Application Pending 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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