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

Case 1:05-cv-01043-VJW

Document 93

Filed 03/06/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) JORGE A. DELPIN-APONTE, et al., ) ) ) Plaintiffs, ) ) No. 05-1043C v. ) (Judge Wolski) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________)

DEFENDANT'S UNOPPOSED MOTION TO MODIFY SCHEDULE FOR DEPOSITION Pursuant to Rule 6(b) of the Rules of this Court, defendant, the United States, requests that the Court modify the schedule established pursuant to the Court's January 23, 2008 order, extending the period for plaintiff to take a Rule 30(b)(6) deposition by 14 days, through and including March 21, 2008. The deposition is currently scheduled for March 7, 2008. This request is necessary because Government counsel informed plaintiffs' counsel on February 4, 2008 that oral argument in an appeal before the United States Court of Appeals for the Federal Circuit to which Government counsel is assigned was scheduled for March 7, 2008, creating a conflict with the existing deposition date in this case. On February 14, 2008, Government counsel informed plaintiffs' counsel that the Government could proceed with the deposition on March 7, 2008, as originally planned. However, by that time, plaintiffs had already modified their schedule. On February 15, 2008, counsel for plaintiffs indicated that the earliest dates that they would be available are March 14, 2008 or March 21, 2008. Because Government counsel is not available March 14, 2008, the Government respectfully requests that the Court modify the schedule to permit the deposition to be held on March 21, 2008.

Case 1:05-cv-01043-VJW

Document 93

Filed 03/06/2008

Page 2 of 2

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director Of Counsel: DANIEL GARRY Attorney Law Department United States Postal Service 475 L'Enfant Plaza, SW Washington, D.C. 20260 s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Class. Unit, 8TH Floor 1100 L Street, N.W. Washington, D.C. 20530 Attorneys for defendant

March 6, 2008

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