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

Case 1:06-cv-00101-FMA

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ___________________________________) JAY CASHMAN, INC.,

Civil Action No. 06-101C (Judge Allegra)

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO COMPLETE DISCOVERY Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, the Plaintiff respectfully requests that the Court enlarge by 41 days, through August 31, 2007, the deadline for the parties to complete fact discovery. Currently, discovery

is to be completed on July 20, 2007, pursuant to the Court's Order filed on June 6, 2007. Plaintiff has consulted with

counsel for the Defendant, and counsel for Defendant has consented to this motion for an enlargement. The parties have previously requested, and the Court has granted, two enlargements of the time to complete discovery. These requests were made because of the voluminous technical data, much of it in electronic form, that the parties produced. The case involves complex technical issues, and the parties have held four meetings at the offices of the Corps of Engineers to

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exchange information.

Those meetings led to negotiations that

have progressed to the point where the prospects for a settlement are, in the opinion of counsel, worth the investment of additional time. The parties have recently agreed to a meeting between technical representatives of each side, at the Plaintiff's offices in Boston, without counsel, for the purpose of attempting to reach an agreement on one of the major technical issues in the case. That meeting is scheduled to occur in early July, subject

to the availability and schedule of Corps of Engineers' personnel. It is anticipated that one, or two, additional

negotiating sessions will be held in New York with all of the representatives of the parties present (approximately fifteen people have attended the previous meetings) later in July in an attempt to settle the case. The Court, in its Order filed on June 6, 2007, restoring the case to the active docket, stated that ". . . it appears that significant progress has not been made." In the time since that

Order was entered, Plaintiff respectfully submits that significant progress has been made and that it will not be productive, or efficient, for the parties to continue discovery while further discussions are being conducted. Although it is

certainly possible that a settlement will not be achieved, the parties believe that the need for further discovery has been significantly decreased as a result of the discussions that have 2

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occurred.

The parties further believe that it may be appropriate

to consider ADR if further negotiations are unproductive. The Plaintiff is convinced that the representatives of the Defendant, and Defendant's counsel, are acting in good faith and respectfully requests that an enlargement of time be granted.

Respectfully submitted,

Dated: June 19, 2007

s/Michael H. Payne Michael H. Payne, Esq. Payne Hackenbracht & Sullivan 220 Commerce Dr., Suite 100 Fort Washington, PA 19034 Tel: 215-542-2777 Fax: 215-542-2779 email: [email protected] Attorney for Jay Cashman, Inc.

Of Counsel: Joseph A. Hackenbracht, Esquire Payne Hackenbracht & Sullivan 220 Commerce Dr., Suite 100 Fort Washington, PA 19034 Tel: 215-542-2777 Fax: 215-542-2779 email: [email protected]

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CERTIFICATE OF FILING I hereby certify that on June 19, 2007, a copy of the foregoing "PLAINTIFF'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLETE DISCOVERY" 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. filing through the Court's system. s/Michael H. Payne Parties may access this

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