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

Case 1:06-cv-00146-TCW

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Filed 12/07/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) TETRA TECH EC, INC.,

Fed. Cl. No. 06-146C (Judge Wheeler)

CONSENT MOTION TO AMEND SCHEDULE Plaintiff Tetra Tech EC, Inc. ("Tetra Tech") respectfully requests that the Court amend the schedule set forth at paragraph 2 of the Court's July 27, 2007 Pretrial Order. The following are currently due on or before December 10, 2007: · · · · · · Joint Stipulations of Uncontested Material Facts; Statements of Contested Factual Issues and Contentions of Fact; Identification of Relevant Contract Clauses and Applicable Regulations; Statements of Proposed Conclusions of Law with Citations to Leading Case(s); Exhibit Lists and Exchange of Exhibits Between the Parties; and Witness Lists with Related Information.

Tetra Tech requests that the Court amend the schedule for all the items in paragraph 2 of the Pretrial Order by eight (8) days from December 10, 2007 to December 18, 2007. This is plaintiff's first request for an enlargement of time. This request is being made to permit both parties more time to reach agreement on uncontested material facts, which impact the preparation of the other pleadings. Counsel had originally planned to meet and confer upon the Joint Stipulation of Uncontested Material Facts during the middle of the week of December 3-7, 2007. To date, approximately 80

Case 1:06-cv-00146-TCW

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stipulations have been proposed in writing and several more discussed. The plan to finalize in mid-week became impracticable after oral argument, in a case which is being handled by defendant's counsel (Inversa, S.A. v. United States, Fed. Cir. No. 2007-5110), was unexpectedly rescheduled from Tuesday, December 4, to Wednesday, December 5. In addition to arguing the Inverse appeal this week, defendant's counsel has been responsible for preparing three briefs: (1) the Government's response to plaintiff's motion to enforce the judgment in Inversa, S.A. v. United States, Fed. Cl. No. 01-220, which is due today, December 7; (2) the Government's response to plaintiff's motion to compel in C.S. McCrossan, Inc. v. United States, Fed. Cl. No. 05-1065, which is due today, December 7; and (3) the Government's informal brief in Schuster v. Office of Personnel Management, Fed. Cir. No. 2008-3016, which is due Monday, December 10. Defendant's counsel has advised that he will be available during the week of December 10 through 14 to meet and confer with counsel for Tetra Tech. Both parties agree that granting this motion will not impact the other deadlines in the Court's July 27, 2007 Pretrial Order. CONCLUSION For the foregoing reasons, we respectfully request that the Court grant this motion and amend the schedule for paragraph 2 of the Pretrial Order by eight (8) days from December 10, 2007 to December 18, 2007. Respectfully submitted, TETRA TECH EC, INC.

Date: December 7, 2007

By:

_s/ William W. Thompson, Jr. William W. Thompson, Jr. Robert D. Banfield PECKAR & ABRAMSON, PC

Case 1:06-cv-00146-TCW

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1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 Telephone (202) 293-7794 Facsimile Attorneys for Tetra Tech EC, Inc.

CERTIFICATE OF SERVICE I hereby certify that on this 7th day of December 2007, a copy of the foregoing CONSENT MOTION TO AMEND SCHEDULE was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ William W. Thompson, Jr.