Free Scheduling Order - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 88

Filed 12/14/2007

Page 1 of 2

In the United States Court of Federal Claims
No. 05-1043C (Filed December 14, 2007) *********************** * JORGE A. DELPIN APONTE et al., * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * * *********************** ORDER A status conference was held by telephone on December 13, 2007 to discuss plaintiffs' motion, filed November 19, 2007, seeking additional time in which to take a Rule 30(b)(6) deposition. When the Court denied the government's summary judgment motion on June 12, 2007, on Rule 56(f) grounds, it was expected that "limited discovery relating to the formula used by the United States Postal Service to calculate overtime and other pay and the application of that formula to determine the pay received by plaintiffs" would be conducted promptly, and that the government could then renew its motion for summary judgment. See Order (June 12, 2007). Unfortunately, the deposition that was noticed on July 3, 2007 has yet to be taken. At the conference, the government reiterated its opposition to keeping this special discovery period open any longer. Despite disappointment in the extensive delay, however, the Court wishes to ensure that plaintiffs have had a full opportunity to assemble and process the relevant facts before the summary judgment proceedings are renewed. The Court therefore GRANTS plaintiffs' motion for leave to schedule a deposition under Rule 30(b)(6). The parties have selected the mutually-agreeable date of January 25, 2008 for this deposition. Further, while it is likely that all other forms of discovery which the plaintiffs would find reasonably necessary have already been conducted, the Court will place a deadline of December 28, 2007 for the service of any additional written discovery relating to the subjects permitted in the June 12, 2007 order. As was also discussed at the conference, the plaintiffs will have ten days from the date of receipt of the deposition transcript in which to determine if they will seek leave to conduct additional discovery based on information learned during the deposition. If the plaintiffs feel that additional discovery is necessary, their counsel shall promptly discuss this matter with

Case 1:05-cv-01043-VJW

Document 88

Filed 12/14/2007

Page 2 of 2

government counsel to determine if the government would consent to the additional discovery. The plaintiffs shall only file a motion for leave with the Court if this consent has been sought and denied. The parties shall file a joint status report on or before February 15, 2008 with a proposed schedule for further proceedings, consistent with the process detailed in the June 12, 2007 order. IT IS SO ORDERED.

s/ Victor J. Wolski VICTOR J. WOLSKI Judge

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