Free Cross Motion - District Court of Federal Claims - federal

Case 1:05-cv-00776-MMS

Document 47

Filed 08/16/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

AG-INNOVATIONS, INC., LARRY FAILLACE, LINDA FAILLACE, and HOUGHTON FREEMAN, Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant.

No. 05-776C (Judge Sweeney)

PLAINTIFFS' CROSS-MOTION TO COMPEL THE UNITED STATES TO IDENTIFY AND PRODUCE A RULE 30(B)(6) DESIGNEE(S) ON CERTAIN TOPICS Plaintiffs Ag-Innovations, Inc., Larry Faillace, Linda Faillace, and Houghton Freeman (collectively "plaintiffs"), in opposition to the Government's Motion for a Protective Order To Preclude the Taking of a Rule 30(b)(6) Deposition on Certain Topics and pursuant to Rule 37(a)(2)(B) of the Rules of the Court of Federal Claims ("RCFC"), cross-move for an order compelling the United States to identify and produce a designee(s) in response to Topic ## 2, 3, 5, 7, 8, 9, 11, 12, 13, 14, and 20 identified in Plaintiffs' Revised Rule 30(b)(6) Notice of Deposition of the United States Department of Agriculture ("USDA"), dated June 28, 2007 (hereinafter "Revised USDA 30(b)(6) Deposition Notice"). In support of this Motion, plaintiffs submit the accompanying memorandum, which also serves as plaintiffs' memorandum in support of its opposition to the Government's Motion. Respectfully submitted,

By:

/s Jonathan L. Abram Jonathan L. Abram

HOGAN & HARTSON, L.L.P. 555 Thirteenth Street, N.W.

Case 1:05-cv-00776-MMS

Document 47

Filed 08/16/2007

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OF COUNSEL: Raymond S. Calamaro Kevin S. Willen HOGAN & HARTSON, L.L.P. 555 Thirteenth Street, N.W. Washington, DC 20004 (202) 637-5600 (202) 637-5910 (facsimile) Dated: August 16, 2007

Washington, DC 20004 (202) 637-5681 (direct) (202) 637-5910 (facsimile) Attorney of Record for Plaintiffs Ag-Innovations, Inc., Larry Faillace, Linda Faillace and Houghton Freeman

CERTIFICATION Pursuant to RCFC 37(a)(2)(B), counsel for plaintiffs certifies that he has in good faith conferred with counsel for the United States in an effort to secure the identification and scheduling of the designee(s) sought in this Motion without court action. As described in the accompanying memorandum, the parties have been unable to reach agreement on this relief. By: /s Kevin S. Willen Kevin S. Willen

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Case 1:05-cv-00776-MMS

Document 47

Filed 08/16/2007

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CERTIFICATE OF FILING The undersigned certifies under penalty of perjury that on this 16th day of August, 2007, I caused a true and correct copy of the foregoing Cross-Motion to Compel the United States to Identify and Produce a Rule 30(b)(6) Designee(s) on Certain Topics to be filed with the Court and to be served via the Court's electronic filing system on the following: Sheryl L. Floyd, Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530

By:

/s Kevin S. Willen Kevin S. Willen