Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 84-2

Filed 11/19/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C

JORGE A. DELPIN-APONTE, et al., v. UNITED STATES OF AMERICA

MOTION ON SCHEDULE FOR DEFENDANT'S DEPOSITION BEFORE THE HONORABLE COURT: COMES NOW Plaintiffs in the above captioned complaint and as further detailed, through undersigning counsel, respectfully STATE and PRAY: 1. Currently, the deposition of defendant USPS designated representative is pending to be taken. This deposition has not been taken because of difficulties on plaintiffs' side, mainly due to scheduling conflicts and budgetary considerations which are being handled. 2. Regarding the schedule, in order to take the deposition undersigning counsel requires the collaboration and participation of the expert witness hired by plaintiffs and of some of plaintiffs' representatives. Dr. Jaime del Valle is an active professor at the University of Puerto Rico, besides being regularly involved as an expert witness in various capacities. 3. The cost of this litigation is being paid by plaintiffs. As reflected in the record, the number of plaintiffs involved is numerous and requires ample and significant coordination by the leading members of plaintiffs' group. The expenses of

Case 1:05-cv-01043-VJW

Document 84-2

Filed 11/19/2007

Page 2 of 4

transporting, lodging and conducting the deposition in Washington Dc require coordination and fundraising which plaintiffs handle as best as they can in order to comply with all necessary requirements in this regards. 4. Finally there is the calendar of undersigning counsel. A regular schedule of trials, pre-trials and other matters have somewhat affected the schedule, particularly when overseen in conjunction with the other factors mentioned herein. For example and most recently, undersigning counsel has had a particular date available for the taking of the deposition--a three day endeavor, but either of the aforementioned factors have not made it possible for the deposition to be taken on such a date. 5. Since at least the filing of the Status Report by Defendant, I have been in constant communication with brother counsel Michael Dielberg in an attempt to coordinate the final date for the deposition. Unfortunately, we have not been able to reach an agreement on this regards which is why this motion is necessary. 6. At my request, I inquired with Mr. Dielberg for a date within the month of December, and the only date Defendant could offer was December 5, 2007. Unfortunately, on that date I have a pre-trial conference scheduled in Puerto Rico, in the matter of WIRELESS SOLUTIONS, INC.; PEDRO DEL CUADRO v. JORGE E. MOLINA ZAYAS; LUZ LOPEZ; CELLS REPAIRS TECH, INC. CIVIL NÚM. EPE 2006-0303 (401). I attempted to re-schedule this conference or somehow have it delegated, but to no avail. The Puerto Rico Court scheduled this conference many months ago. 7. Alternatively, I offered Defendant the dates of December 3 and 7, but these were not accepted. I also offered the next week, December 10th to the 14th, but these dates did not work for Defendant either. Mr. Dielberg reports that Defendant's

Case 1:05-cv-01043-VJW

Document 84-2

Filed 11/19/2007

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representative is scheduled to be on trial December 17th which means that the week of December the 17th is also out of the question. I also offered the 27th and 28th of December, but those dates did not work for Defendant as well. 8. In sum, December 5, 2007 is the only date Defendant can attend a deposition scheduled to be held at Washington DC at its offices within the month of December. Unfortunately, we are unable to cancel our Court appearance of this same date in order to take the deposition. 9. I then asked brother counsel to schedule the deposition with me for early January, but he declined hence making it necessary to file this motion. 10. As we clearly acknowledged before, we have been trying to conduct this deposition in coordination with the different individuals which need to be involved in representation of the plaintiffs. Moreover, I also acknowledge that coordinating the deposition was difficult at times, and that for a given period of time my communication with counsel was interrupted because of these and other difficulties I will not delve into at this time. 11. Notwithstanding the above, at least since the date Defendant filed the Status Report, I have been in active, effective and prompt communication with counsel for Defendant in order to make this deposition happen. Moreover, the pieces are finally falling into place considering the difficulties plaintiffs have to face in order to move this matter forward taking into consideration that it is being litigated in Washington DC and that plaintiffs do not have the ample resources the USPS has to litigate this matter.

Case 1:05-cv-01043-VJW

Document 84-2

Filed 11/19/2007

Page 4 of 4

12. At this point, all Defendant has to do is agree on one day for the taking of this deposition at the convenient Washington DC location. Currently, and only excepting the calendar of our expert witness, the month of December is readily available, and except for the first week, the month of January is also readily available for the taking of this deposition. WHEREFORE, Plaintiffs move the Court for the preceding reasons, to extend the period for the taking of Defendant's deposition at a date mutually agreeable to the parties, but not later than January 18th 2008.

Respectfully submitted, S/ Santiago F. Lampón SANTIAGO F. LAMPÓN LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 Attorney for Plaintiffs

November 16, 2007

CERTIFICATE OF SERVICE I hereby certify that on this 16 of November, 2007, a copy of the foregoing motion has been 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/ Santiago F. Lampon