Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:06-cv-00345-EGB

Document 33

Filed 03/14/2008

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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 Motion To Modify Discovery Schedule, and states as follows: 1. Plaintiff previously filed an Unopposed Motion to Modify the Schedule, which this Honorable Court granted in an

order dated on or about September 7, 2007. 2. Counsel for GNU has communicated with counsel for the U.S. and counsel for the U.S. has no objections to the dates proposed herein. 1

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3. This motion is necessary for the following reasons: 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 same. b. GNU, therefore, refrained from deposing key witnesses based on the inability to depose said witnesses on all relevant issues, such as, damages. c. GNU desires other to litigate the termination those issue by, with by the contracting officer regarding the

among

things,

deposing

witnesses

information relevant to the termination only, in the event of an unfavorable decision by the contracting officer and potential amendment of its claim. 4. Accordingly, GNU respectfully requests the Court adopt the following modification regarding the Discovery Schedule

established in this Honorable Court's Order dated September 7, 2007: Deadline for Completion of Written Discovery (unchanged): November 1, 2007 Deadline for Completion of Fact Discovery: June 30, 2008 Deadline for Expert Disclosures Pursuant to Rule 26(a): July 31, 2008 Deadline for All Discovery: 2

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September 30, 2008. 5. Based on the may decision be of the contracting to officer, the

parties

required

respectfully

request

modifications to the above dates based on any additional issues generated by the decision and any potential

amendment of GNU's claims. WHEREFORE, the Plaintiff, GRACE AND NAEEM UDDIN, INC.

requests this Honorable Court adopt the foregoing modifications to the existing Discovery Schedule established in the Court's Order dated September 7, 2007 and any additional relief this Honorable Court may deem equitable and just. 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

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Filed 03/14/2008

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CERTIFICATE OF FILING I hereby certify that on March 14, 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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