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

Case 1:05-cv-01121-EJD

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Filed 04/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WEST COAST CONTRACTORS OF NEVADA, INC., Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 05-1121C ) ) (Chief Judge Damich) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, defendant respectfully requests an enlargement of 18 days, from April 30, 2007 until May 18, 2007, to complete fact discovery. Defendant further requests that all subsequent deadlines be enlarged a corresponding amount of time. Thus, defendant requests that the date for submission of expert reports be enlarged from May 7, 2007 to May 25, 2007. Defendant requests that the date for completion of expert depositions be enlarged from June 22, 2007 to July 10, 2007. Defendant requests that the dispositive motion deadline be enlarged from July 6, 2007 to July 24, 2007. Defendant's counsel has spoken with William Davis, attorney for plaintiff, West Coast Contractors of Nevada, Inc. ("WCC") who does not oppose this motion. This is defendant's second request for an enlargement of time for this purpose. The previous enlargement was for three months. In support of this motion, defendant states that WCC was scheduled to take the depositions of several Navy witnesses during the week of April 9, 2007 in California. Subsequently, Chief Judge Michel of the United States Court of Appeals for the Federal Circuit asked all of the attorneys at the National Courts section of the Department of Justice to attend a meeting with him on April 10, 2007, during which time defendant's counsel was scheduled to be

Case 1:05-cv-01121-EJD

Document 21

Filed 04/02/2007

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in California to attend the referenced depositions. The Department of Justice has made attendance at this meeting mandatory for all attorneys in the National Courts section. The first week during which both witnesses and the attorneys for the parties are available to conduct the depositions is the week of May 14, 2007. Accordingly, defendant respectfully requests that the Court grant this motion and revise the discovery schedule with the dates set forth above. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/Michael N. O'Connell MICHAEL N. O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 12th Floor Washington, D.C. 20530 Tele: (202) 307-0282 Attorneys for Defendant Dated: April 2, 2007

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Case 1:05-cv-01121-EJD

Document 21

Filed 04/02/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of April, 2007, a copy of the foregoing motion for enlargement 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/ Michael N. O'Connell

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