Free Motion to Stay - District Court of Federal Claims - federal

Case 1:06-cv-00312-TCW

Document 35

Filed 06/13/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MULTISERVICE JOINT VENTURE, LLC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-312C (Judge Wheeler)

DEFENDANT'S UNOPPOSED MOTION TO STAY BRIEFING SCHEDULE OR, IN THE ALTERNATIVE, FOR AN ENLARGEMENT OF TIME Defendant respectfully requests this Court to stay the current briefing schedule or, in the alternative, to grant an enlargement of time of 60 days with respect to each deadline specified in the Court's April 4, 2008 scheduling order. Pursuant to that order, the parties' respective dispositive motions currently are due on or before June 17, 2008, responses on or before July 19, 2008, and replies on or before August 2, 2008. This is our first request for a stay or for an enlargement of time for this purpose. Plaintiff has indicated that it will not oppose a postponement of the foregoing deadlines. Undersigned counsel was assigned this case on March 28, 2008. We initially requested additional time to enable newly assigned counsel to become familiar with the case, including to review the voluminous record, to meet with agency personnel, and to prepare our dispositive motion. In that regard, we have made significant progress. However, the Government is now investigating possible counterclaims and, depending on the outcome of that investigation, may seek authority to assert counterclaims in this case. Additional time is necessary for the Government to develop this aspect of its case and, if necessary, to file an amended answer to plaintiff's complaint.

Case 1:06-cv-00312-TCW

Document 35

Filed 06/13/2008

Page 2 of 2

For the foregoing reasons, defendant respectfully requests the Court to grant this motion for a stay of the briefing schedule, and to require the parties to file a status report on or before August 18, 2008 to propose a new briefing schedule (e.g., depending upon whether the Government files an amended answer). In the alternative, we request that the Court grant an enlargement of time of 60 days and, accordingly, to set the following briefing schedule: dispositive motions to be filed on or before August 18, 2008; responses to be filed on or before September 17, 2008; and replies to be filed on or before October 1, 2008.

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director s/ Matthew H. Solomson MATTHEW H. SOLOMSON Trial Attorney, Commercial Litigation Branch Civil Division, U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Telephone: 202-305-3274 Dated: June 13, 2008 Attorneys for Defendant

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