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

Case 1:05-cv-00776-MMS

Document 54

Filed 09/14/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 05-776C (Filed: September 14, 2007) ************************************* AG-INNOVATIONS, INC., * LARRY FAILLACE, LINDA FAILLACE, * and HOUGHTON FREEMAN, * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER On September 13, 2007, defendant filed its Motion for Enlargement of Time for Defendant to Complete Discovery ("motion"). In its motion, defendant represents that an additional 90 days is necessary to complete discovery because (1) plaintiffs' have failed to produce documents requested by defendant until recently; (2) plaintiffs have proposed adding possibly three plaintiffs to the case which will require defendant to take additional discovery; and (3) there are pending discovery requests by defendant that must be resolved. Defendant further represents that plaintiffs do not consent to defendant's motion. If even one of defendant's representations regarding plaintiffs' behavior in delaying discovery is accurate, the court finds plaintiffs' conduct disgraceful. As counsel are aware, failure to cooperate in good faith can lead to the court conducting a hearing to determine whether sanctions are appropriate. The court will not hesitate to pursue this cause if necessary. In light of defendant's representations regarding discovery, the court finds defendant's request for enlargement reasonable. Thus, defendant's Motion for Enlargement of Time for Defendant to Complete Discovery is GRANTED. Discovery shall close on December 13, 2007. IT IS SO ORDERED. s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge