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

Case 1:06-cv-00345-EGB

Document 17

Filed 05/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GRACE AND NAEEM UDDIN, INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) )

No. 06-345C (Judge Bruggink)

THE UNITED STATES, Defendant.

JOINT MOTION TO MODIFY DISCOVERY SCHEDULE Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), the parties respectfully request that the Court modify the discovery schedule in this case as outlined below. This is the parties' second request for this purpose. The Court granted our previous motion in an order dated February 12, 2007. This request is necessary for the following reasons: (1) a large portion of plaintiff's construction work is performed on schools, and school related projects, during the summer months of June through August which would limit the ability of plaintiff's principals to attend depositions and perform other discovery related matters during those months; (2) following the parties' exchange of initial disclosure documents on or about April 30th, 2007, plaintiff discovered an oversight and will have to supplement the documents it provided to the

Case 1:06-cv-00345-EGB

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Filed 05/24/2007

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Government; (3) as a result, the Government would like to extend the written discovery deadline because written discovery may be predicated on the supplemental initial disclosures; and (4) Government counsel will be lead attorney in a complicated trial during the first half of November, 2007, and will be constrained to meet any discovery deadlines during that period. The requested schedule modification should provide the parties sufficient time to complete discovery. Accordingly, the parties propose the following modifications to the existing schedule established in the Court's February 12, 2007 order:

Deadline for Completion of Written Discovery Deadline for Completion of Fact Discovery Deadline for Expert Disclosures Pursuant to RCFC 26(a) Close of All Discovery

July 27, 2007 October 23, 2007 January 23, 2008

March 24, 2008

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Case 1:06-cv-00345-EGB

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ David R. Elder DAVID R. ELDER Elder & Lewis, PC Bayview Executive Plaza, Suite 301 3225 Aviation Avenue Coconut Grove, FLA 33133 Tel: (786) 314-5155 Fax: (503) 314-5811 /s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director /s/ Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel: (202) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant

Attorney for Plaintiff May 24, 2007

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Case 1:06-cv-00345-EGB

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Filed 05/24/2007

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CERTIFICATE OF FILING I hereby certify that on May 24, 2007, a copy of the foregoing "JOINT MOTION TO MODIFY DISCOVERY SCHEDULE" 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/Armando Rodriguez-Feo