Free Motion for Extension of Time to Complete Discovery - District Court of Federal Claims - federal

Case 1:06-cv-00146-TCW

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Filed 04/24/2007

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

No. 06-146C (Judge Wheeler)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests that the Court modify the March 26, 2007 scheduling order, to enlarge the period provided for conducting fact depositions by 25 days, from April 30, 2007, to May 25, 2007. This is defendant's second request for an enlargement of time for this purpose. Defendant previously obtained one 30-day enlargement of time. Counsel for plaintiff, Tetra Tech EC, Inc., has informed us that plaintiff will oppose this motion. This request is being made due to unanticipated schedule conflicts arising from a recently filed bid protest, Ravens Group, Inc. v. United States, No. 07-243 (Fed. Cl.). The pre-filing notification in that case was served on April 12, 2007, and the case was assigned to the undersigned trial attorney. The complaint and motion for a preliminary injunction was filed on April 29, 2007. The Court held a preliminary status conference on April 20, 2007. At that conference, the Court directed the Government to file the administrative record (or a status report concerning the administrative record) by April 27, 2007. The Court also directed the parties to confer regarding a potential stipulation to maintain the status quo while litigation is pending, and to discuss a proposed briefing schedule that is to be filed by April 26, 2007. A second status conference has been tentatively scheduled for April 27, 2007.

Case 1:06-cv-00146-TCW

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Filed 04/24/2007

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Due to his new responsibilities in the Ravens Group bid protest case, the Government's counsel in this case has been and will be unable to travel for the depositions that the parties had scheduled for the weeks of April 16 and April 23. Counsel currently anticipates that depositions in this case can be completed by May 25. In addition to the reasons stated above, we also note that it may be necessary to re-open discovery if the Court were to grant Tetra Tech's motion for leave to file an amended complaint, dated April 13, 2007. We will fully address that issue when we file our brief in opposition to Tetra Tech's motion. Our opposition brief is due on April 30, 2007. CONCLUSION For the foregoing reasons, we respectfully request that the Court grant our motion to enlarge the period for completing fact depositions by 25 days, to and including May 25, 2007.

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Steven J. Gillingham by s/ Kathryn A. Bleecker STEVEN J. GILLINGHAM Assistant Director

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Case 1:06-cv-00146-TCW

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Filed 04/24/2007

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s/ Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 April 24, 2007 Attorneys for Defendant

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Case 1:06-cv-00146-TCW

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Filed 04/24/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April, 2007, a copy of the foregoing DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME 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/ Roger A. Hipp

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