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

Case 1:05-cv-01030-LSM

Document 57

Filed 07/18/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HIGHMARK, INC., SUCCESSOR IN INTEREST TO PENNSYLVANIA BLUE SHIELD AND SUBSIDIARIES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-1030 T Judge Margolis

JOINT MOTION TO SET A TRIAL DATE Pursuant to RCFC 40, defendant, the United States of America, and plaintiff, Highmark, Inc., Successor in Interest to Pennsylvania Blue Shield and Subsidiaries, respectfully ask that the Court set this case for trial on November 10, 2008, at the National Courts Building in Washington, D.C. In the alternative, the parties request a trial date of November 3, 2008, or, as a third alternative, December 1, 2008. The parties expect the trial to last approximately seven to ten days. As good cause therefor, the parties state: Pursuant to the Court's March 18, 2008, Scheduling Order, all discovery in this case closed on June 27, 2008. The Court has not yet set a trial date. Although the parties intend to explore the possibility of settling this matter without the necessity of a trial, they nevertheless ask that the Court set a trial date so that they may plan their schedules accordingly. After conferring with each other, the parties have determined that a November 10, 2008, trial date would best accommodate their preexisting schedules. If the Court is not available on that date, -1-

Case 1:05-cv-01030-LSM

Document 57

Filed 07/18/2008

Page 2 of 2

then the parties alternatively propose a trial date of November 3, 2008. Alternatively to that, the parties propose December 1, 2008, as a trial date. WHEREFORE, the parties pray that their joint motion be granted. Counsel for plaintiff has consented to the filing of this Joint Motion to Set a Trial Date by defendant's attorney of record. Respectfully submitted, /s/ Karen Servidea KAREN SERVIDEA Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 616-3423 Fax: (202) 514-9440 Email: [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section W.C. RAPP Senior Trial Attorney

/s/ W.C. Rapp Of Counsel Attorneys for Defendant July 18, 2008

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