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

Case 1:05-cv-01042-CFL

Document 28

Filed 01/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE DALLES IRRIGATION DISTRICT, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-1042C (Judge Lettow)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests the Court to enlarge the deadline for the submission of the Government's expert rebuttal report by three days, to and including January 19, 2007. The deadline for rebuttal expert reports currently is January 16, 2007. This is defendant's first motion for this purpose and will not affect any of the Court's other deadlines. Counsel for defendant has contacted counsel for plaintiff regarding this motion and has been advised that plaintiff opposes this motion.1 This motion is necessary because of unanticipated delays encountered in the completion of the Government's expert rebuttal report, as well as the completion and copying of the reports' accompanying work papers. Defendant's expert has been occupied with other matters, including

Plaintiff opposes our motion based upon its contention that the Government's submission of a rebuttal expert report at this time is untimely. The Court's September 13, 2006 scheduling order established the following deadlines: (1) November 8, 2006 for plaintiff's expert reports; (2) December 8, 2006 for the Government's expert reports; and (3) January 15, 2007 for rebuttal expert reports. The court's order was consistent with the schedule proposed by the parties in their joint preliminary status report. Plaintiff submitted an affirmative expert report in compliance with the November 8, 2007 deadline. The Government did not submit an affirmative expert report, but intends to submit a rebuttal expert report that responds to plaintiff's affirmative report as contemplated by the Court's scheduling order. Plaintiff, however, contends that the Government's expert rebuttal report was due December 8, 2006.
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Case 1:05-cv-01042-CFL

Document 28

Filed 01/16/2007

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a recent deposition and city council meetings for the City of Boise, Idaho. As a result, it has not been possible to complete defendant's rebuttal expert report, and serve plaintiff with a copy, by the current deadline. Accordingly, we respectfully request the Court to grant this motion to enlarge the deadline for our rebuttal expert report by three days, to and including January 19, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director /s/ Gregory T. Jaeger GREGORY T. JAEGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 (202) 353-7955 January 16, 2007 Attorneys for Defendant

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Case 1:05-cv-01042-CFL

Document 28

Filed 01/16/2007

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CERTIFICATE OF FILING I hereby certify that on January 16, 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME" 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/Gregory T. Jaeger