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

Case 1:05-cv-01030-LSM

Document 55

Filed 03/12/2008

Page 1 of 3

IN THE UNIED STATES COURT OF FEDERA CLAIMS

HIGHMAR, INC., SUCCESSOR IN INEREST TO PENNSYLVANIA BLUE SHIELD AND SUBSIDIARIES,
Plaintiff,
v.

)
)

) ) )

)
)

UNTED STATES OF AMERICA,
Defendant.

) )
) )

No. 05-1030 T Judge Margolis

JOINT MOTION TO AMND THE SCHEDULING ORDER
Defendant, the United States of America, and plaintiff, Highmark, Inc., Successor in

Interest to Pennsylvania Blue Shield and Subsidiaries, jointly move to re-open fact discovery for
a period of fort-five days and to extend each of

the remaining deadlines on the Court's

December 18, 2007, Scheduling Order by a corresponding period of time. As good cause
therefore, the parties state as follows:

Pursuant to the Court's April 10,2007, Scheduling Order, the period for fact discovery
expired on June 17,2007. The paries are now in the midst of expert discovery. See Amended
Scheduling Order, dated December 18, 2007.
In January and February 2008 (after the close of fact discovery), plaintiff

produced

additional factual information and data responsive to discovery requests served by defendant
during fact discovery. The paries agree that defendant should have the opportunity to analyze

this additional information and review it in connection with its surrebuttal expert report(s).

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Case 1:05-cv-01030-LSM

Document 55

Filed 03/12/2008

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Accordingly, the paries respectfully request that the Court amend the December 18,

2007, Scheduling Order, to re-open fact discovery for a period of fort-five days from the date of
such amendment and to extend by fort-five days each of

the remaining deadlines on the

December 18, 2007, Scheduling Order.

If the Court grants this Motion, the amended schedule would be as follows:

Event Deadlines
Fact Discovery Fort-five days afer the Court grants this Motion
Defendant's Surrebuttal Report(s) May 15,2008
Expert Depositions and Further June 27, 2008
Expert Discovery

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Case 1:05-cv-01030-LSM

Document 55

Filed 03/12/2008

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WHREFORE, the parties pray that their joint motion be granted.

~~-l tJ
K NSE DEA
Attorney of Record u.s. Department of Justice, Tax Division

Respectfully submitted,

Court of Federal Claims Section
Post Offce Box 26

Ben Franklin Post Offce Washington, D.C. 20044
Voice: (202) 616-3423
Fax: (202) 514-9440

Email: karen. e. servidearâJiisdol gOl'

NATHAN 1. HOCHMN Assistant Attorney General DAVID GUSTAFSON

Chief, Court of Fe Claims Section W.e. RAP
Seni T:' Attorn

Arthur Newbold DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, P A 19104
Voice: (215) 994-4000

(lil r~
\

Attorney for Plaintiff
March ~, 2008

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