Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:06-cv-00312-TCW

Document 28

Filed 02/15/2008

Page 1 of 4

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

No. 06-312C (Judge Wheeler)

MOTION TO ENLARGE TIME FOR FILING RESPONSE TO PLAINTIFF'S SUMMARY JUDGMENT MOTION AND TO ENLARGE TIME OF DISCOVERY WITH RESPECT TO ONE WITNESS Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, we respectfully request that the Court grant a 60-day enlargement of time for filing our response to plaintiff's pending motion for partial summary judgment and enlarge indefinitely the time for deposing one witness who is currently outside of the United States. Plaintiff opposes this motion only with respect to the enlargement of time for depositing the witness. Because plaintiff has indicated that it will withdraw its motion for partial summary judgment and agree to a proposed scheduling order for additional motions for summary judgment that the parties will submit to the Court for approval, we request a 60-day enlargement of time to file our response to the partial summary judgment motion, which is due today, out of an abundance of caution, and to inform the Court of the current status of proceedings. The Court previously granted our Rule 56(f) motion to postpone our response until today. We also respectfully request an indefinite enlargement of time to complete discovery with respect to a single witness, Ms. Elma Gadson, who served as project manager for plaintiff

Case 1:06-cv-00312-TCW

Document 28

Filed 02/15/2008

Page 2 of 4

under the contract at issue in this case. Discovery closes on February 18, 2008.1 We have determined that Ms. Gadson is currently in Trinidad and Tobago, but understand that she will be returning to the United States in the Spring. Rather than incur the cost of traveling to Trinidad and negotiating through proper diplomatic channels to take Ms. Gadson's deposition, which we believe to be unnecessary for purposes of our prospective summary judgment motions but essential if this case should reach trial, we respectfully request that the Court permit us to depose her when she returns to the United States. For the foregoing reasons, we respectfully request a 60-day enlargement of the time for filing our response and cross-motion to plaintiff's pending partial summary judgment motion, and the Court's permission to depose Ms. Gadson when she returns to the United States. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director

We note that plaintiff has confirmed that it needs to supplement its responses to requests for production, which we have not yet received but assume we will receive shortly. 2

1

Case 1:06-cv-00312-TCW

Document 28

Filed 02/15/2008

Page 3 of 4

s/Brian T. Edmunds BRIAN T. EDMUNDS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, NW Attn: Classification Unit, 8th Floor Washington, DC 20530 Tel. (202) 616-8253 Fax (202) 305-7644 February 15, 2008 Attorneys for defendant

3

Case 1:06-cv-00312-TCW

Document 28

Filed 02/15/2008

Page 4 of 4

CERTIFICATE OF FILING I certify that on this 15th day of February 2008, a copy of the foregoing "MOTION TO ENLARGE TIME FOR FILING RESPONSE TO PLAINTIFF'S SUMMARY JUDGMENT MOTION AND TO ENLARGE TIME OF DISCOVERY WITH RESPECT TO ONE WITNESS" was filed in accordance with the Court's electronic filing procedures. Parties may access this filing through the Court's electronic system.

s/Brian T. Edmunds

4