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

Case 1:05-cv-00956-CCM

Document 44

Filed 02/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ HOTELS.COM, INC. AND SUBSIDIARIES (f/k/a HOTEL RESERVATIONS NETWORK, INC.), Plaintiff v. THE UNITED STATES, Defendant ) ) ) ) ) ) ) ) ) ) ) ROBERT B. DIENER and MICHELLE S. DIENER, DAVID S. LITMAN and MALIA A. LITMAN,

No. 05-956 T

No. 05-971 T

No. 06-285 T Judge Christine O. C. Miller

PLAINTIFFS' JOINT MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE EXHIBIT OBJECTIONS UNDER RCFC APPENDIX A ¶14(A)(3) Plaintiffs Hotels.com and Subsidiaries ("Hotels.com"), David S. and Malia A. Litman ("Litmans"), and Robert B. and Michelle S. Diener ("Dieners"), together respectfully request, for 1

Case 1:05-cv-00956-CCM

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the reasons set forth below, that the Court's November 16, 2006 Order ("Scheduling Order") be modified to allow all plaintiffs an additional 35 days to file objections to exhibit lists disclosed under RCFC Appendix A ¶13(a) ("13(a) Disclosures"). Counsel for the United States does not oppose this motion to the extent it relates to the plaintiffs' objections to each others exhibit lists but does object to the extent it relates to plaintiffs' objections to the government's exhibit list. The Scheduling Order currently requires plaintiffs to object to all 13(a) Disclosures by February 26, 2007, but allows defendant an additional 35 days, until April 2, 2007, to make such objections. Consistent with the Scheduling Order and RCFC Appendix A ¶13, counsel for the parties exchanged witness and trial exhibit lists on February 12, 2007. Hotels.com identified approximately 1,400 exhibits,1 the Litmans and Dieners identified 133 exhibits, and the United States identified 74 exhibits. The parties have agreed to stipulate to joint exhibits, and adopted other conventions for reducing the number of exhibits. As of February 18, 2007, Hotels.com has reduced the number of its identified exhibits to 588. Given the parties' expressed desire to enter into meaningful stipulation discussions and to the extent various deposition transcripts are entered into the record as substantive testimony, it is expected that the number of potential trial exhibits will be reduced even further. To conserve both judicial and party resources and to take into account the unique nature of this consolidated case,2 all plaintiffs respectfully request an enlargement of time of 35 days (or any other reasonable duration that the Court deems appropriate) within which to file any objections to
Hotels.com believes this large number is in part due to the unique procedural nature of this case, where three separately-filed cases were consolidated into a single action. Moreover, as discussed at the meeting of counsel, many documents had been produced by several different entities and Hotels.com's list of exhibits included all of the various versions pending discussion with counsel as to determining a protocol as to which version to use. 2 While the RCFC contemplate such consolidations (see RCFC 42), the RCFC do not contemplate adverse plaintiffs and other special circumstances resulting from such consolidations.
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Case 1:05-cv-00956-CCM

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all 13(a) Disclosures. This would allow the parties time to stipulate to facts as well as joint exhibits and further reduce the number of identified exhibits before filing objections, and would provide a more reasonable amount of time for all plaintiffs to evaluate exhibit lists before filing any objections. Respectfully submitted,

s/ Kim Marie K. Boylan Kim Marie K. Boylan Attorney of Record Latham & Watkins LLP 555 Eleventh Street, N.W. Suite 1000 Washington D.C. 20004 Phone: (202) 637-2235 Fax: (202) 637-2201 Attorney for Hotels.com and Subsidiaries s/ John W. Porter John W. Porter Baker Botts LLP 3000 One Shell Plaza 910 Louisiana Houston TX 77002 Phone: (713) 229-1597 Fax: (713) 229-2797 Attorney for plaintiffs David and Malia Litman and Robert and Michelle Diener

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