Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:05-cv-01189-CFL

Document 46

Filed 10/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1189 T (Judge Charles F. Lettow)

THOMAS H. McGANN and EVELYN G. McGANN, Plaintiffs, v. THE UNITED STATES, Defendant. ______________ DEFENDANT'S UNOPPOSED MOTION FOR MODIFICATION OF THE SCHEDULING ORDER OF SEPTEMBER 25, 2007 ______________ The defendant, the United States, asks the Court to modify the scheduling order entered on September 25, 2007, by deleting the motion for dismissal that the defendant was to file on November 5, the plaintiffs' response to that motion, which was due on December 10, and the defendant's reply, which was due on January 7, 2008. The proposed new schedule is set out below: Event Parties' submission of joint stipulation of facts and plaintiffs' motion for summary judgment Government's response, which may include a crossmotion for summary judgment Plaintiffs' response to government's cross-motion and reply to government's response to plaintiffs' motion Date

November 5, 2007

December 10, 2007

January 7, 2008

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Case 1:05-cv-01189-CFL

Document 46

Filed 10/04/2007

Page 2 of 2

Event Government's reply to plaintiffs' response to government's cross-motion Closing argument

Date

January 28, 2008 February 8, 2008, at 2:00 P.M. EST (telephonic)

As good cause for this motion, the defendant's trial attorney states that after reconsideration of its planned motion to dismiss and internal debate, the defendant has decided not to file the motion to dismiss. WHEREFORE the defendant asks the Court to grant this motion to amend the scheduling order. Respectfully submitted, s/ Robert Stoddart ROBERT STODDART Justice Department (Tax) P. O. Box 26; Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440

RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM, Assistant Chief s/ Steven I. Frahm Of counsel

October 4, 2007

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