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

Case 1:06-cv-00245-EJD

Document 31

Filed 07/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 06-245T, 06-246T, and 06-247T (Consolidated) MURFAM FARMS, LLC, § By and Through Wendell H. Murphy Jr., § a Partner Other Than Tax Matters Partner, § § PSM FARMS, LLC, § By and Through Stratton K. Murphy, § a Partner Other Than Tax Matters Partner, § § MURPHY PORK PARTNERS, LLC, § By and Through Wendell H. Murphy, Jr., § a Partner Other Than Tax Matters Partner, § § Plaintiffs, § § v. § § UNITED STATES OF AMERICA, § § Defendant. § JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER Plaintiffs MURFAM Farms, LLC, PSM Farms, LLC, and Murphy Pork Partners, LLC ("Plaintiffs") and Defendant the United States of America ("Defendant") (collectively the "Parties") jointly move this Court to further revise the discovery deadlines set forth in the Scheduling Order (as revised). In support of this Motion, the Parties show the Court as follows: 1. deadlines: Final Exhibit and Witness Lists Motion to Exclude/Limit Expert Testimony Discovery Ends Dispositive Motions Deadline August 1, 2007 August 1, 2007 August 31, 2007 October 1, 2007 The Scheduling Order, as revised, currently provides for the following discovery

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 355489

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2.

The Parties agree that the deadlines for (i) final exhibit and witness lists, (ii)

motions to exclude or limit expert testimony, and (iii) dispositive motions, are untenable under the current end-of-discovery deadline. The Parties further agree that a short extension of the end-of-discovery deadline is necessary and desirable to allow the Parties sufficient time to conduct and evaluate factual discovery. 3. In light of the foregoing, the Parties respectfully request that the Court further

revise the Scheduling Order to adopt the following discovery deadlines: Discovery Ends Final Exhibit and Witness Lists Motion to Exclude/Limit Expert Testimony Dispositive Motions 4. Deadline October 1, 2007 October 1, 2007 December 3, 2007 December 3, 2007

Simultaneous to the filing of this Joint Motion, the parties of JZ Buckingham LLC

v. United States, Fed. Cl. No. 05-231T, are also filing a joint motion with this Court to adopt discovery deadlines identical to those proposed above. Further, the parties of In re: COBRA Tax Shelters Litigation, 1:05-ml-09727-JDT-WTL, are likewise moving the District Court for the Southern District of Indiana, Indianapolis Division, to adopt identical discovery deadlines. 5. The Parties further request any additional relief to which they may be entitled.

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Respectfully submitted, By: s/Joel N. Crouch Joel N. Crouch Texas State Bar No. 05144220 Anthony P. Daddino Texas State Bar No. 24036434 M. Todd Welty Texas State Bar No. 00788642 Michael E. McCue Texas State Bar No. 13494150

MEADOWS, COLLIER, REED, COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 Telephone: (214) 744-3700 Facsimile: (214) 747-3732 [email protected] [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFFS

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By:

s/Dennis M. Donohue by s/Joel N. Crouch Dennis M. Donohue Chief Senior Litigation Counsel

United States Department of Justice Office of Civil Litigation Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 616-3366 Telephone ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

Dated: July 31, 2007

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CERTIFICATE OF SERVICE I hereby certify that on July 31, 2007, a copy of the foregoing Joint Motion to Further Revise Scheduling Order was served upon counsel listed below via electronic means. Dennis M. Donohue, Esq. United States Department of Justice Tax Division P.O. Box 26 Ben Franklin Station Washington DC 20044 (202) 616-3366

s/Joel N. Crouch Joel N. Crouch

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 355489

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