Free Order on Motion to Take Deposition - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

Document 27

Filed 06/21/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 06-146C (Filed: June 21, 2007) ***************************************** TETRA TECH EC, INC., Plaintiff, v. THE UNITED STATES, Defendant. ***************************************** ORDER On June 3, 2007, Defendant filed a motion requesting leave to take the deposition of Plaintiff's expert, David Lieblich, even though expert discovery in this case closed on March 30, 2007. Plaintiff opposed Defendant's request in a response filed on June 8, 2007. The events leading to the instant motion and response reflect Defendant's misuse of the discovery period, unsuccessful settlement discussions, and misunderstandings regarding the expert deposition. Defendant apparently thought that Plaintiff did not oppose this expert deposition, and moved only to extend the time for fact discovery, not expert discovery. When the settlement discussions ended, Plaintiff notified Defendant that it did not consent to the expert deposition. Defendant also states that its failure to request an enlargement for expert discovery was inadvertent. Upon consideration of the record, Defendant's motion is GRANTED in part. The Court will allow Defendant to take the deposition of Dr. Lieblich on a mutually agreed date to occur before July 10, 2007. The length of the deposition shall not exceed four hours. Pursuant to RCFC 26(b)(4)(C), Defendant shall pay Dr. Lieblich his reasonable and customary fee for appearing at the deposition. IT IS SO ORDERED. s/Thomas C. Wheeler THOMAS C. WHEELER Judge * * * * * * * * * * * * *