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

Case 1:06-cv-00144-MBH

Document 17

Filed 11/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
PCL CONSTRUCTION SERVICES, INC., Plaintiff, v. THE UNITED STATES OF AMERICA Defendant. ) ) ) ) ) ) ) ) )

No. 06-144C (Judge Horn)

STIPULATED MOTION TO AMEND THE SCHEDULING ORDER

On September 20, 2006, the Court entered a Scheduling Order, establishing a briefing schedule for summary judgment. Pursuant to the Scheduling Order, Defendant's Motion for Summary Judgment was due on November 9, 2006, Plaintiff's Response is due on November 30, 2006, and Defendant's Reply is due on January 11, 2006. As ordered, Plaintiff received Defendant's Motion for Summary Judgment and Proposed Findings of Uncontroverted Facts in Support of Motion for Summary Judgment on November 9, 2006. Due to the arguments made in Defendant's Motion for Summary Judgment and the proposed uncontroverted facts, as well as the Thanksgiving holidays, Plaintiff has requested and Defendant's counsel has agreed to request an extension of the filing date for Plaintiff's response until December 15, 2006. Accordingly, the revised briefing schedule will be: 1. 2. Plaintiff's Response Brief ­ December 15, 2006; and Defendant's Reply Brief ­ January 11, 2007.

Neither the Parties, nor the Court will be prejudiced by extending the briefing schedule.

Case 1:06-cv-00144-MBH

Document 17

Filed 11/15/2006

Page 2 of 2

Accordingly, pursuant to RCFC 16(b), the Parties respectfully request that the Court amend the Scheduling Order to conform to the revised briefing schedule outlined above. A proposed order is attached for the Court's convenience. Plaintiff's counsel represents to the Court that Defendant supports this STIPULATED MOTION TO AMEND THE SCHEDULING ORDER. A proposed Order is attached to this Motion for the Court's convenience.

Respectfully submitted,

s/ Durward E. Timmons Durward E. Timmons 90 South Cascade Avenue Suite 1500 Colorado Springs, CO 80903 Phone: (719)-475-2440 Attorney for Plaintiff

CERTIFICATE OF FILING I hereby certify that on November 15th , 2006, a copy of the foregoing STIPULATED MOTION TO AMEND THE SCHEDULING ORDER was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Durward E. Timmons
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