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

Case 1:05-cv-00945-EGB

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Filed 06/16/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OGDEN SUPPORT SERVICES, INC., et al., Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 05-945C (Senior Judge Bruggink)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests an enlargement of time of sixty-three (63) days, to and including September 8, 2006, for the parties to complete discovery in this matter. Pursuant to the Court's Order filed March 22, 2006 (Dkt. No. 12), discovery is to be completed in this matter on or before July 7, 2006. This is defendant's first request for an enlargement of the period allowed for the parties to complete discovery. Defendant's counsel spoke with plaintiffs' counsel on June 13, 2006, regarding this motion, and plaintiffs' counsel stated that the motion would not be opposed by plaintiffs. This case involves contracts and factual assertions regarding contracts between plaintiff Ogden Support Services, Inc. and the Central Intelligence Agence ("CIA") entered into and performed during the 1980s and 1990s. See, e.g., Complaint ¶ 7. Since the Court's entry of its March 22, 2006 Order, the parties have engaged in regular conferences and exchanges of information as they attempt to resolve factual issues dating back for as long as two decades. In addition, representatives of the CIA and the U.S. Department of the Treasury have worked together to support this effort, and plaintiffs' counsel has advised defendant's counsel that, -1-

Case 1:05-cv-00945-EGB

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Filed 06/16/2006

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among other things, they have searched for and continue to search for relevant documentation and are in the process of seeking relevant records from plaintiffs' bank. By necessity, the process of locating relevant records and living witnesses with recollection of the issues presented in the Complaint has been and continues to be timeconsuming. In addition, because many of the relevant documents maintained by the CIA are classified as National Security Information, the CIA has undertaken the process of declassifying materials for plaintiffs' review. See Joint Preliminary Status Report at 3 (Question (l) response). The process of declassifying documents has been time-consuming and is still ongoing. For the foregoing reasons, defendant respectfully requests that its unopposed motion for enlargement of time for the parties to complete discovery be allowed. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Bryant G. Snee BRYANT G. SNEE Assistant Director

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Case 1:05-cv-00945-EGB

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/s/ John Warshawsky JOHN WARSHAWSKY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 307-0010 Facsimile: (202) 514-9163 Attorneys for Defendant June 16, 2006

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Case 1:05-cv-00945-EGB

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Filed 06/16/2006

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CERTIFICATE OF SERVICE I hereby certify that on June 16, 2006, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system and that parties may access this filing through the Court's system.

/s/ John Warshawsky _______________________

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