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

Case 1:05-cv-01058-FMA

Document 37

Filed 04/11/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, PLAINTIFF, v. THE UNITED STATES POSTAL SERVICE, DEFENDANT. ) ) ) ) ) ) No. 05-1058C ) ) ) ) )

PLAINTIFF HAL D. HICKS' MOTION FOR ENLARGEMENT OF TIME COMES NOW Plaintiff, Hal D. Hicks, by and through his undersigned attorney, pursuant to RCFC Rule 6, Local Rule 3(a) and for his Motion for Enlargement of Time, states as follows: 1. Plaintiff has made a diligent effort to obtain documentation highly relevant

for the successful prosecution of his claims. 2. In his efforts, plaintiff has served Requests for Production on the United

States Postal Service and has found out that the older documents relating to plaintiff's contract subject to this litigation are no longer available. 3. Plaintiff has, however, retained these documents at his former business,

Midwest Transit, Inc. 4. Midwest Transport, Inc. allegedly purchased the trucking assets of

Midwest Transit, Inc. in December 2003.

Case 1:05-cv-01058-FMA

Document 37

Filed 04/11/2007

Page 2 of 4

5.

The liquidating receiver of Midwest Transit, Inc., Don Hoagland, keeps all

of the documents at the Midwest Transit, Inc. headquarters in Illinois, which are now the headquarters for Midwest Transport, Inc. 6. Once Midwest Transport, Inc. intervened, plaintiff attempted to gain

access to these documents by serving Requests for Production on Midwest Transport, Inc. 7. Midwest Transport, Inc. objected to the Requests for Production stating

that it did not have possession or control over the documents, although the documents are located at their headquarters. 8. This left plaintiff in a position where he was forced to attempt serving a

subpoena on the Receiver for Midwest Transit, Inc. However, the Receiver is currently on an extended vacation in Arizona (outside the 100 mile limitation on the Court of Claims subpoena power). 9. Due to the positions taken by the parties herein, plaintiff is faced with

prosecuting his claims at a sever disadvantage, which only benefits the defendants. 10. Without an extension of the current discovery cut off, plaintiff will be

prejudiced throughout the proposed dispositive motion schedule and, further, the trial of this matter. 11. For all these reasons, plaintiff respectfully requests that this Court extend

the discovery cutoff sixty (60) days from the date this Order is entered to accommodate the receiver's current location. As an alternative, plaintiff asks this Court to compel the interveners to allow plaintiff access to the documents for purposes of review and copying. 12. Plaintiff's requests are made in good faith and are not made in an attempt

to delay these proceedings.

2

Case 1:05-cv-01058-FMA

Document 37

Filed 04/11/2007

Page 3 of 4

13.

Further, plaintiff's request will serve the ends of justice in allowing

plaintiff to present all of the relevant evidence before this Court. WHEREFORE, plaintiff, Hal D. Hicks, prays this Court grant his Motion for Enlargement of Time or, in the alternative, compel the interveners to allow plaintiff access to the documents for purposes of review and copying.

THEIL LAW FIRM, L.L.C

By:__/s/John F. Theil______________ John F. Theil #109820 120 S. Central Ave., Suite 1550 St. Louis, MO 63105 314-725-1725 314-725-5754 (fax) Attorney for Plaintiff

3

Case 1:05-cv-01058-FMA

Document 37

Filed 04/11/2007

Page 4 of 4

Certificate of Service The undersigned certifies that a copy of the foregoing was electronically filed, this 11 day of April, 2007, and served on the following counsel of record via electronic filing and U.S. mail:
th

Richard P. Schroeder U. S. Department of Justice Civil Division ­ Commercial Lit. Branch 1100 L. Street, NW, 8th Floor Washington, DC 20530 202-353-7961 202-353-7988 fax [email protected] Attorneys for Defendant David P. Hendel J. Michael Littlejohn Akerman, Senterfitt, Wickwire, Gavin 8100 Boone Blvd., Suite 700 Vienna, VA 22182 and John E. Hilton Carmody MacDonald, P.C. 120 S. Central Ave., Suite 1800 St. Louis, MO 63105 Attorneys for Intervenors

_/s/John F. Theil_____________

4