Free Order on Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 104

Filed 06/09/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 05-1043C (Filed June 9, 2008) *********************** * JORGE A. DELPIN APONTE et al., * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * * *********************** ORDER The Court held a status conference this morning, by telephone, to discuss pending and future motions. At this conference, the following was determined: 1. Plaintiffs have withdrawn their motion for additional discovery, filed April 18, 2008. 2. Plaintiffs have withdrawn their [first] motion for leave to file an amended complaint, filed April 25, 2008. 3. Defendant consents to plaintiffs's request for leave to file an amended motion regarding the proposed second amended complaint, filed May 20, 2008. The Court GRANTS the request. Plaintiffs' amended motion, document number 100-2, shall be filed by the Clerk and is now the pending motion. The subject of this motion is document number 97-2, which was submitted April 25, 2008 and is captioned the "Second Amended Complaint." 4. Defendant's opposition to plaintiffs' amended motion for leave to file a second amended complaint is due June 20, 2008, and plaintiffs' reply in support of this motion is due June 27, 2008. 5. Argument on the plaintiffs' motion to file an amended complaint will be held by telephone on July 1, 2008 at 10 a.m. Eastern Daylight Saving Time. The Court will initiate the calls to counsel. The parties should also be prepared to address the impact that a second amended complaint would have on the pending motion for class certification.

Case 1:05-cv-01043-VJW

Document 104

Filed 06/09/2008

Page 2 of 2

6. Defendant's motion to strike plaintiffs' motion for leave to amend, filed May 8, 2008, is now moot. 7. The Court has also approved a schedule for dispositive motions. Plaintiffs' motion for partial summary judgment must be filed on or by July 21, 2008. Defendant's opposition and cross-motion for summary judgment shall be filed on or by September 8, 2008. Plaintiffs' reply in support of its motion for partial summary judgment and opposition to defendant's crossmotion for summary judgment is due October 9, 2008. Defendant's reply in support of its cross-motion for summary judgment is due October 27, 2008. 8. A hearing on the parties' dispositive motions will be held on November 24, 2008 at the Howard T. Markey National Courts Building, 717 Madison Place, NW, Washington, D.C., beginning 10 a.m. Eastern Standard Time. IT IS SO ORDERED.

s/ Victor J. Wolski VICTOR J. WOLSKI Judge

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