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

Case 1:06-cv-00345-EGB

Document 27

Filed 09/07/2007

Page 1 of 4

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 July 18, 2007 this Honorable Court granted in part and denied in part As a Defendant's result, Motion To Dismiss monetary

Plaintiff's

Action.

Plaintiff's

claims were dismissed without prejudice from this action. 2. This motion is necessary for the following reasons:

1

Case 1:06-cv-00345-EGB

Document 27

Filed 09/07/2007

Page 2 of 4

a. Plaintiff is in the process of compiling its monetary claim to submit to the USDA Contracting Officer. b. Because work on the Project is nearing completion, but is not yet complete, GNU's monetary damages are not finalized. c. GNU is awaiting the most recent damages information from the surety. GNU will be required to update its damages pursuant to the most recent billings from the surety on the Project. d. As a result, GNU is unable to immediately submit its claim to the USDA Contracting Officer. The parties

will, therefore, require additional time to litigate the instant matter, GNU's assuming monetary that the Contracting and GNU is

Officer

denies

claims

allowed to amend its complaint regarding the same. e. Counsel for GNU has spoken with counsel for USDA and counsel for USDA does not object to the following

proposed modification of the scheduling order. 3. Accordingly, GNU respectfully requests that the Court adopt the following modifications to the existing schedule

established in the Court's Order dated June 1, 2007: Deadline for Completion for submission of Written Discovery: Deadline for Completion of Fact Discovery: 2

November 1, 2007 March 14, 2008

Case 1:06-cv-00345-EGB

Document 27

Filed 09/07/2007

Page 3 of 4

Deadline for Expert Disclosures: Pursuant to RCFC 26(a) Close of All Discovery: 4. Additionally, GNU propounded its

April 15, 2008

May 15, Second Request

2008 for

Production of Documents to the USDA on July 27, 2007. 5. Answers to GNU's Second Request for Production were due on or about August 27, 2007. 6. GNU and USDA agree that answers to GNU's Second Request for Production of Documents dated on or about July 27, 2007 shall be due on or about September 27, 2007. WHEREFORE, Plaintiff, GRACE AND NAEEM UDDIN, INC. requests that this Honorable Court adopt the foregoing modifications to the existing Discovery Schedule established in the Court's Order dated June 1, 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 Elder & Lewis, P.A. Bayview Executive Plaza, Suite 301 3225 Aviation Avenue Coconut Grove, FLA 33133 Tel: (786) 314-5155 Fax: (503) 314-5811

_________________

3

Case 1:06-cv-00345-EGB

Document 27

Filed 09/07/2007

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on May ____, 2007 a copy of the foregoing "THIRD JOINT 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

4