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

Case 1:05-cv-01065-CFL

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Filed 07/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS C. S. MCCROSSAN, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1065C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that the Court modify the December 8, 2006 scheduling order by enlarging the period for conducting fact discovery by 90 days, from July 23, 2007, to October 22, 2007, with corresponding enlargements of the additional deadlines. This is our second request for an enlargement of time for this purpose. Previously the parties jointly obtained a 180-day enlargement of the deadlines contained in the original scheduling order. Counsel for plaintiff, C.S. McCrossan, Inc., ("McCrossan") has authorized us to state that plaintiff does not oppose this motion. This enlargement is requested in order to give defendant additional time to consider a settlement proposal submitted by McCrossan. Because of the amount at issue in this case, the Assistant Attorney General is the Attorney General's designated representative with authority to accept the settlement proposal upon behalf of the Government. We request additional time so that the proposal may be reviewed by intermediate Government officials, then be reviewed and decided upon by the Assistant Attorney General as appropriate.

Case 1:05-cv-01065-CFL

Document 16

Filed 07/23/2007

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We anticipate that Government will accept or reject the settlement proposal in approximately 30 days. In the event that the case does not settle in that time, we request that the discovery period be extended by an additional 60 days. Accordingly, we respectfully request that the deadlines contained in the December 8, 2006 scheduling order be enlarged by 90 days, as follows: Close of Fact Discovery: Plaintiff's Expert Report Due: Defendant's Expert Report Due: Deadline for Expert Depositions: Deadline for dispositive motions: Joint status report due: October 22, 2007 November 20, 2007 December 16, 2007 January 17, 2008 February 11, 2008 February 11, 2008

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director

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Case 1:05-cv-01065-CFL

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Filed 07/23/2007

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s/ Roger A. Hipp ROGER A. HIPP Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 July 23, 2007 Attorneys for Defendant

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Case 1:05-cv-01065-CFL

Document 16

Filed 07/23/2007

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CERTIFICATE OF FILING I hereby certify that on July 23, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER" 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/ Roger A. Hipp

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