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

Case 1:05-cv-00840-MMS

Document 110

Filed 07/17/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) UNITED STATES ) ) Defendant, ) ) and ) ) WEEKS MARINE, INC., ) ) Intervenor-Defendant.) FISHERMAN'S HARVEST, INC., et al.,

No. 05-0840 C and No. 05-1044C (CONSOLIDATED) (Judge Sweeney)

DEFENDANT'S CONSENT MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT Pursuant to Rule 6 of the Rules of the United States Court of Federal Claims, defendant, the United States respectfully requests that the Court enlarge the deadline for the parties to file a joint status report by seven days. Pursuant to this Court's June 9, 2008 order, the deadline is currently July 18, 2008. This is our first request for enlargement for this purpose. On July 17, 2008, Mark Faggard, counsel for plaintiffs, indicated that all plaintiffs' counsel would consent to this motion. Additionally, on that same date, Michael Bowdoin, counsel for defendantintervenor, Weeks Marine, Inc., indicated that his client would consent to this motion. The requested enlargement is due to the continuing difficulty in coordinating the schedules of five attorneys of record. Due to various schedule conflicts, the parties plan to hold additional discussions with regard to the issues to be addressed in the joint status report at the expert witness depositions scheduled for July 22, 2008 and July 23, 2008, in Houston, Texas. The parties wish to inform the Court that defendant and defendant-intervenor have taken the

Case 1:05-cv-00840-MMS

Document 110

Filed 07/17/2008

Page 2 of 3

depositions of all six of plaintiffs' expert witnesses. Additionally, plaintiffs took the depositions of two of defendant's three expert witnesses the week of July 7, 2008 in New Orleans, Louisiana. Plaintiffs are scheduled to take the depositions of two of defendant-intervenor's experts next week in Houston. Thus, defendant respectfully requests that this Court enlarge the deadline for the parties to file a joint status report by seven days, to and including July 25, 2008, to permit the parties to discuss the outstanding issues and prepare the joint status report. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director

s/ David D'Alessandris DAVID D'ALESSANDRIS Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW 8th Floor Washington, DC 20530 July 17, 2008 Attorneys for the United States

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Case 1:05-cv-00840-MMS

Document 110

Filed 07/17/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on July 17, 2008, a copy of the forgoing "DEFENDANT'S CONSENT MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT" 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. Parties may access this filing through the Court's system.

s/ David D'Alessandris