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

Case 1:05-cv-01058-FMA

Document 17

Filed 08/11/2006

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, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-1058C (Judge Allegra)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLETE FACT DISCOVERY Pursuant to United States Court of Federal Claims Rule 6.1, defendant, the United States, respectfully requests an enlargement of time of 98 days, from August 24, 2006, through and including November 30, 2006, for the parties to complete fact discovery in this case. This is our first request for an Plaintiff's counsel has

enlargement of time for this purpose.

not returned undersigned counsel's telephone calls to discuss this motion. This breach of contract action was assigned to undersigned counsel of record for the Government after the parties' filed their joint preliminary status report on March 31, 2006, proposing an August 24, 2006 fact discovery cutoff, a deadline adopted by the Court in an order dated April 12, 2006. As of the date of this motion, the parties have exchanged initial disclosures, defendant has responded to plaintiff's first request for production of documents, and defendant has served a deposition notice upon plaintiff. Although the Government

Case 1:05-cv-01058-FMA

Document 17

Filed 08/11/2006

Page 2 of 4

noticed plaintiff's deposition for the week of August 21, 2006, we still need to obtain written discovery prior to taking plaintiff's deposition. Further, plaintiff's amended initial

disclosure indicates that plaintiff does not have contact information for some of its witnesses. Therefore, we will be

unable to subpoena them for deposition until we ascertain their whereabouts. This will take additional time as well. Plaintiff

Granting this motion will not cause undue delay.

filed its complaint on October 3, 2005 and the Government filed its answer on January 31, 2006. new. CONCLUSION For the foregoing reasons, defendant, the United States, respectfully requests that this Court grant the Government an enlargement of time, through and including November 30, 2006, for the parties to complete fact discovery. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director Thus, this matter is relatively

Case 1:05-cv-01058-FMA

Document 17

Filed 08/11/2006

Page 3 of 4

s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant August 11, 2006

Case 1:05-cv-01058-FMA

Document 17

Filed 08/11/2006

Page 4 of 4

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 11th day of August 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO COMPLETE FACT DISCOVERY" 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/Richard P. Schroeder