Free Status Report Order - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 70

Filed 02/11/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 05-776 C (Filed: February 11, 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. In their stipulation, the parties reiterate that plaintiffs will no longer pursue Count II of their Amended Complaint and that they seek an order preserving the deadline for closure of discovery as February 29, 2008. Plaintiffs state that they will produce various tax and accounting documents, make a designee available for deposition regarding those documents, permit defendant to depose plaintiffs' expert regarding his supplemental expert report, produce any documents not already produced with respect to the plaintiffs newly joined in the case, and supplement any responses to defendant's first set of interrogatories as necessary. Additionally, defendant states that it will no longer pursue any further discovery beyond that identified in the stipulation and that it will not move to extend the discovery period beyond February 29, 2008. The parties indicate that their stipulation does not preclude them from agreeing to engage in limited, additional discovery beyond February 29 if necessary.
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Count II seeks compensation for the quarantines imposed upon plaintiffs' real property. See Am. Compl. ¶¶ 47-49.

Case 1:05-cv-00776-MMS

Document 70

Filed 02/11/2008

Page 2 of 2

The court appreciates the parties' joint efforts to cooperate and expeditiously resolve issues in order to move this case forward. It notes that the parties' stipulation does not mention defendant's motion for protective order and plaintiffs' cross-motion to compel, both of which are currently pending. In light of the parties' request not to extend discovery beyond its current deadline of February 29, 2008, the court seeks additional input from the parties concerning the current status of these pending motions. Accordingly, the parties shall file a joint status report no later than Friday, February 15, 2008, advising the court as to how their motion and accompanying stipulation impact their pending discovery motions.

IT IS SO ORDERED.

s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge

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