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

Case 1:05-cv-01189-CFL

Document 44

Filed 09/19/2007

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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 AUGUST 21, 2007 ______________ The defendant, the United States, asks the Court to modify the scheduling order entered on August 21, 2007, by enlarging the time for performance of each of the scheduled tasks by thirty days, as shown in the proposed schedule set out below. (If the date thirty days from the original date would have fallen on a weekend, the date shown is the following Monday.) Event Parties' submission of joint stipulation of facts Plaintiffs' motion for summary judgment Government's motion to dismiss Plaintiffs' response Government's response, which may include a crossmotion for summary judgment Plaintiffs' response to government's cross-motion Date November 5, 2007 November 5, 2007 November 5, 2007 December 10, 2007 December 10, 2007

January 7, 2008

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Case 1:05-cv-01189-CFL

Document 44

Filed 09/19/2007

Page 2 of 2

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

Date January 7, 2008 January 28, 2008

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

This is the first modification of the scheduling order and consequent enlargement of time that the defendant has requested for this purpose. The defendant's trial attorney has discussed this motion with the plaintiffs' attorney, who has stated that she will not oppose it. As good cause for this motion, the defendant's trial attorney states that he was assigned to this case on August 31, 2007, and entered an appearance on September 5. Since then he has been researching the question on which the defendant is now scheduled to file a brief on October 5 and he has been reading the briefs already filed, but he now sees that he will require the requested extra time to master the record and consider the ramifications of the arguments. WHEREFORE the defendant asks the Court to grant this motion. 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

September 19, 2007

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