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

Case 1:06-cv-00312-TCW

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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 SET THE BRIEFING SCHEDULE FOR THE PARTIES' DISPOSITIVE MOTIONS AND PLAINTIFF'S UNOPPOSED MOTION TO WITHDRAW ITS PENDING PARTIAL SUMMARY JUDGMENT MOTION WITHOUT PREJUDICE Plaintiff Multiservice Joint Venture, LLC ("MJV"), through its undersigned counsel, respectfully submits its Consent Motion to Set the Briefing Schedule for the Parties' Dispositive Motions and Plaintiff's Unopposed Motion to Withdraw its Pending Partial Summary Judgment Motion without Prejudice. As discussed below, the plaintiff seeks to have the parties litigate their dispositive motions

simultaneously so as to distill which factual disputes, if any, remain for resolution at trial. 1. On April 24, 2006, the plaintiff commenced the

above-captioned proceeding seeking redress for breach of contract under the Contract Disputes Act of 1978 ("CDA"), 41 U.S.C. §§ 601 et seq., against the defendant, United States of America. In summary,

the plaintiff maintain that the United States Department of Navy failed to reimburse MJV for increased costs associated with maintaining health insurance coverage for its employees pursuant to the Service Contract Act ("SCA"), 41 U.S.C. § 353(c), and the May 24, 2000 CBA-based Wage Determination ("WD") in 2003-04; refused to reimburse MJV for increased wage and benefits costs pursuant to the SCA and the February

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9, 2004 WD in 2004-05; refused to allow MJV to re-perform work the Navy had deemed insufficient; failed to reimburse MJV for the increased labor expenses associated with working on Bancroft Hall in August 2003 on a schedule unilaterally truncated and expedited by the Navy; and refused to reimburse MJV for the cost of supplies the Navy discarded following Hurricane Isabel in September 2003. 2. With the exception of the defendant's putative deposition

of a third-party witness, Elma Gadson, the parties completed all discovery on February 18, 2008. 3. The parties have agreed to file their respective dispositive

motions on or before April 18, 2008; to file their oppositions to said motions on or before May 20, 2008; and to file their replies to said oppositions on or before June 3, 2008. 4. In addition, in light of the above proposed motion

scheduling, the plaintiff moves to withdraw its current pending motion for partial summary judgment without prejudice. The plaintiff

anticipates incorporating some or all of the substance of the pending motion in its forthcoming motion. 5. The defendant concurs with the foregoing motion scheduling,

and does not oppose the withdrawal of the pending partial summary judgment without prejudice.

Accordingly,

for

the

foregoing 2

reasons,

the

plaintiff

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respectfully requests this Honorable Court to direct the parties to file their respective dispositive motions on or before April 18, to file their oppositions to said motions on or before May 20, and to file their replies to said oppositions on or before June 3.

Additionally, the plaintiff respectfully requests that the Court grant its motion to withdraw its pending partial summary judgment motion without prejudice. 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: February 28, 2008

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CERTIFICATE OF SERVICE I hereby certify that, on the 28th of February 2008, a copy of the plaintiff's Consent Motion to Set the Briefing Schedule for the Parties' Dispositive Motions and Plaintiff's Unopposed Motion to Withdraw its Pending Partial Summary Judgment Motion without Prejudice was served, via electronic mail, in accordance with the Court's electronic filing procedures, on:

Brian T. Edmunds, Esq. Trial Attorney Commercial Litigation Branch Civil Division -- Classification Unit United States Department of Justice 1100 L Street, N.W., 8th Floor Washington, DC 20530 Counsel for the Defendant

s/Janice Davis________________ Janice Davis

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