Free Order on Motion for Extension of Time to Complete Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00965-MMS

Document 38

Filed 03/25/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 05-965 C (Filed: March 25, 2008) ************************************* CEBE FARMS, IND., and * JOSEPH CEBE, * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER Before the court is plaintiffs' Certification in Support of Expedited Motion to Extend Discovery ("Certification"), which was filed on March 25, 2008. While no motion accompanied their Certification, plaintiffs nevertheless set forth the grounds for requesting an enlargement of "sixty (60) days" to the discovery dates contained in the court's Order dated January 28, 2008. Plaintiffs' counsel represents that defendant has consented to extending discovery sixty days for the purpose of taking additional depositions only. Plaintiffs, however, state that such a limitation may be unfair and that depositions may lead to additional discovery being sought. Plaintiffs maintain that the requested enlargements of an additional thirty (30) to sixty days are not intended to cause unnecessary delay and will not prejudice either party. Plaintiffs also represent that the parties have designated expert witnesses and that the designation of these experts and the rendering of their reports before the taking of depositions may be premature. Although plaintiffs request an enlargement of sixty days, their proposed deadlines reflect an enlargement of only thirty days. The court adopts the plaintiffs' proposed deadlines as enumerated in their Certification. In the event that additional time is necessary, the parties shall file the appropriate motion. Accordingly, plaintiffs' request for an enlargement of time is GRANTED. The parties shall adhere to the following schedule: 1. The parties shall engage in written discovery and the discovery of fact witnesses through Monday, May 26, 2008.1

Although plaintiffs' Certification requested May 25, 2008, for the close of certain discovery, the court modified the schedule so that the due date falls on a weekday.

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Case 1:05-cv-00965-MMS

Document 38

Filed 03/25/2008

Page 2 of 2

2. Plaintiffs shall designate their expert witness(es) on or before Thursday, February 25, 2008. [Deadline has expired.] 3. Plaintiffs shall submit to defendant all expert reports in the manner and form required by Rule 26(a)(2) of the Rules of the United States Court of Federal Claims ("RCFC") on or before Friday, April 11, 2008. 4. The defendant shall designate (to the extent that it has not already done so) any additional expert witness(es) on or before Friday, April 11, 2008. 5. Defendant shall submit to plaintiffs its expert report(s) in the manner and form required by RCFC 26(a)(2) on or before Monday, June 16, 2008.2 6. All expert discovery shall conclude on or before Monday, June 30, 2008. 7. The parties shall file a joint status report suggesting further proceedings no later than Monday, July 14, 2008. IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

Although plaintiffs' Certification requested June 15, 2008, as the deadline for the submission of defendant's expert report(s) to plaintiffs, the court modified the schedule so that the due date falls on a weekday. 2

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