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

Case 1:05-cv-14210-NBF

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS C. PORTA, et al., and ANDREW D. BARTH, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 05-14210C & No. 05-759C CONSOLIDATED (Judge Firestone)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to RCFC 6(b), defendant requests an enlargement of time of 30 days in this case, to and including December 1, 2006, within which to complete fact discovery. Pursuant to the Court's

scheduling order on May 24, 2006, fact discovery in this case is presently scheduled to end on November 1, 2006. The close of

fact discovery in the related case of Moreno v. United States, No. 05-142C (Fed. Cl.), is scheduled to end on December 1, 2006. Plaintiffs' counsel has indicated that he does not oppose this motion for an enlargement of time. The Government responded to plaintiffs' written discovery requests on July 17, 2006, and supplemented its responses to plaintiffs' interrogatories on August 4, 2006. However, the

parties continue to attempt to resolve plaintiffs' discovery concerns in this case and in Moreno as expressed by plaintiffs' counsel in a letter sent by electronic mail on September 18, 2006, and in the recent status conference in Moreno. The parties

Case 1:05-cv-14210-NBF

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are actively attempting to identify the remaining issues of fact and law, and narrow or clarify the scope of plaintiffs' prior discovery requests such that the Government can locate and produce any additional potentially relevant non-privileged documents, or respond otherwise. In addition, because of

plaintiffs' concerns regarding the Government's prior discovery responses, prior tentative deposition dates in Moreno were rescheduled and will now take place on November 1, 2006, through November 3, 2006. No depositions have been noticed in this case,

but we anticipate that plaintiffs' counsel would evaluate the necessity and scope of depositions in this case soon after the Moreno depositions. The additional time requested is required in

this case to allow sufficient time for the parties to resolve their discovery disputes without the Court's assistance, if possible. For the foregoing reasons, we respectfully request that the Court grant this unopposed motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director

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s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 353-7991 Fax: (202) 514-8624 October 26, 2006 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on this 26th day of October 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN 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. filing through the Court's system. Parties may access this

s/ Jeffrey S. Pease