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

Case 1:05-cv-01030-LSM

Document 20

Filed 12/22/2006

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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 EXTEND DEADLINES Defendant, the United States of America, and plaintiff, Highmark, Inc., Successor in Interest to Pennsylvania Blue Shield and Subsidiaries, jointly move for an extension of time of thirty days for each of the deadlines set forth in the Court's September 6, 2006, Order. As good cause therefore, the parties state as follows: Since the parties filed their first motion to extend deadlines, on September 1, 2006, defendant granted plaintiff an additional thirty-day enlargement to respond to its request for the production of documents. Also during that time, plaintiff amended its responses to defendant's interrogatories and requests for admission approximately three weeks after such responses were due. The parties wish to ensure that the additional time it took plaintiff to respond to defendant's discovery requests does not deprive defendant of adequate time to complete its dispositive motion (currently due on January 2, 2007) or finish fact discovery (currently ending on March 5, 2007). The parties therefore request that the Court extend by thirty days each of the dates set

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Case 1:05-cv-01030-LSM

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forth in the Order dated September 6, 2006. If the Court grants this Joint Motion, the new dates would be as set forth below: Event Defendant's RCFC 12(b) and 56 motion(s) Fact Discovery Plaintiff's Expert Report(s) Defendant's Expert Report(s) Plaintiff's Rebuttal Report(s) Defendant's Surrebuttal Report(s) Expert Depositions and Further Expert Discovery Deadline February 1, 2007 April 4, 2007 May 7, 2007 July 30, 2007 October 1, 2007 October 17, 2007 November 29, 2007

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WHEREFORE, the parties pray that their joint motion be granted. 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]

EILEEN J. O'CONNOR 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 s/ Arthur Newbold Arthur Newbold DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104 Voice: (215) 994-4000 Attorney for Plaintiff December 21, 2006

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