Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:06-cv-00099-LB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant. ) ______________________________)

INFORMATION SYSTEMS & NETWORKS CORPORATION

CASE NO. 06-99C Judge Block

PLAINTIFF'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE INITIAL EXPERT REPORT AND TO AMEND THE SCHEDULING ORDER Plaintiff, Information Systems & Networks Corporation

("plaintiff" or "ISN"), by counsel, respectfully requests the Court to enlarge the time for ISN to file its initial Expert Report currently due pursuant to the Joint Preliminary Status Report on August 3, 2007, and in so doing, to further Amend the Scheduling additional Order. time As explained the herein, ISN requires to this its

because

Government's

responses

document requests will not be made available until the latter part of August, the pursuant to agreement ISN between is not the able parties. to fully

Without

Government

documents,

prepare the expert report that is necessary for this case. In addition, as shown below, additional time is required because ISN's disclosed experts are tied up in other matters making the

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August 3, 2007 filing date an impossibility. 1. The of Joint Preliminary between Status the Report anticipated to the

completion

discovery

parties

prior

issuance of Expert Reports within six (6) months. been the case. In most instances, 10 years

This has not of data are

warranted-some of it going back to 1987. it has not been an easy task.

Locating and producing

As a result, extensions have been

required which now necessitate an extension in the Expert Report schedule. 2. ISN requires additional time to review the Government

documents when they are produced and compare such documents with its in-house documents. All of this will take longer than the

August 3, 2007 filing date. 3. thoroughly Plaintiff and defendant's counsel have conferred, have reviewed the issues attendant to the request for

enlargement, and in good faith believe that the additional time requested will ultimately lead to greater clarity and expedition before the Court. 4. The parties purpose that the Scheduling Order be

amended if the Court grants the Unopposed Motion for Enlargement of Time allowing the filing of ISN's initial Expert Report on November 2, 2007, an extension of 90 days, as follows: a. ISN's Expert Report due November 2, 2007 b. Defendant's Expert Report due February 4, 2008

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c. ISN's Rebuttal Report due March 3, 2008 d. Defendant's Rebuttal Report due April 4, 2008. e. Discovery will now close on April 30, 2008. 5. Counsel for the defendant has reviewed and approved

this Motion and agreed with the dates therein. Dated: July 27, 2007

Respectfully submitted,

s/Norman H. Singer_________ NORMAN H. SINGER, ESQUIRE Singer & Associates, P.C. 10411 Motor City Drive, 7th Floor Bethesda, MD 20817 Ph (301) 469-0400 Fx (301) 469-2267 Counsel for Plaintiff

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing

PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME was made available to counsel for the defendant pursuant to this Court's electronic filing system and was Fedx'd to:

Timothy McIlmail, Esquire Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530

____________________________ NORMAN H. SINGER, ESQUIRE