Free Order - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 72

Filed 02/27/2008

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In the United States Court of Federal Claims
No. 05-776 C (Filed: February 27, 2008) ************************************* AG-INNOVATIONS, INC., * LARRY FAILLACE, LINDA FAILLACE, * HOUGHTON FREEMAN, * DOREEN FREEMAN, SKUNK HOLLOW * FARM, INC., & FREEMAN FAMILY LLC,* * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER On February 8, 2008, the parties filed their Joint Motion to Dismiss Count II and to Limit Discovery ("motion"), as well as their Joint Stipulation for Dismissal of Count II and Limitation of Discovery ("stipulation"). In their motion, the parties request that the court dismiss with prejudice plaintiffs' claims contained in Count II of the Amended Complaint, which was filed on January 25, 2008.1 The parties further request that the court order that the discovery period will not be extended beyond its current deadline of February 29, 2008, consistent with the parties' stipulation. On February 15, 2008, pursuant to the court's February 11, 2008 Order, the parties filed a joint status report in which they represented that three RCFC 30(b)(6) topics are moot or no longer necessary, and that plaintiffs accepted defendant's retrospective designations as to two topics. As a result, six RCFC 30(b)(6) topics remain in dispute. Both parties indicated agreement that any remaining depositions required as a result of the court's ruling on the pending motions may be taken after the close of discovery. Accordingly, the parties' joint motion is GRANTED. The Clerk of the Court is directed to DISMISS WITH PREJUDICE Count II of plaintiffs' Amended Complaint. Discovery shall

Count II seeks compensation for the quarantines imposed upon plaintiffs' real property. See Am. Compl. ¶¶ 47-49.

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Case 1:05-cv-00776-MMS

Document 72

Filed 02/27/2008

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not be extended beyond February 29, 2008, except to the extent that depositions are required as a result of the court's adjudication of the parties' pending motion.

IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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