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

Case 1:06-cv-00312-TCW

Document 38

Filed 08/15/2008

Page 1 of 2

UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ ) MULTISERVICE JOINT VENTURE, LLC, ) ) Plaintiff, ) ) No. 06-312C -against) (Judge Wheeler) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ______________________________________) PLAINTIFF'S CONSENT MOTION TO MODIFY THE BRIEFING SCHEDULE In light of the Court's June 16, 2008 Scheduling Order and defendant's August 12, 2008 motion to amend its answer to assert an affirmative defense and counterclaims, plaintiff respectfully moves to modify the Briefing Schedule as follows: 1. If plaintiff, Multiservice Joint Venture, LLC ("MJV"),

decides to file an opposition to defendant's motion to amend, it shall do so on or before September 8, 2008; 2. Until the Court rules upon defendant's motion to amend,

neither party shall file a dispositive motion; and 3. Assuming the Court grants defendant's motion to amend, the

parties shall have six months to conduct additional discovery limited to the subject of defendant's counterclaims. Defendant consents to this motion. Accordingly, for the foregoing reasons, MJV respectfully requests this Honorable Court to modify the Briefing Schedule by allowing the plaintiff until September 8, 2008 to file its opposition, if any, to defendant's pending motion to amend; precluding the parties from filing dispositive motions during the pendency of the Court's consideration of that motion; and by extending the discovery period for six months following its granting of said

Case 1:06-cv-00312-TCW

Document 38

Filed 08/15/2008

Page 2 of 2

motion to allow the parties to conduct discovery related to the counterclaims raised in defendant's amended answer. Respectfully submitted,

S/Janice Davis___ _ Janice Davis Davis & Steele 1100 - 15th Street, N.W., Suite 300 Washington, DC 20005-1720 Telephone: 202-530-5828 Email: [email protected] Counsel to the Plaintiff

Dated:

August 18, 2008

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