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

Case 1:05-cv-00677-CCM

Document 54

Filed 10/30/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS TAMERLANE, LIMITED, et. al, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-677C (Judge Christine O.C. Miller)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 14 days, to and including November 14, 2007, within which to take the deposition of Bart Axelrod, President of Bala Realty, the general partner of the plaintiff partnerships. Fact discovery is currently required to be completed by October 31, 2007. This is our first request for an enlargement of time for this purpose. Plaintiffs' counsel has authorized us to state that plaintiffs do not oppose this motion. Mr. Axelrod's deposition was scheduled to be conducted, pursuant to notice, on October 31, 2007, in Philadelphia, PA. However, because of various other litigation responsibilities, Government counsel is unable to adequately prepare for and take the deposition on that date. In particular, in A.A.B Joint Venture v. United States, No. 04-1719C, and consolidated cases, Government counsel has been occupied with the preparation of a reply, filed on October 29, 2007, in support of a substantive motion; review of expert reports, due November 1, 2007; and the preparation of a response to a summary judgment motion, due November 2, 2007. Government counsel had hoped that by the beginning of this week all of these tasks would be sufficiently advanced so as to allow the taking of Mr. Axelrod's deposition in this case on October 31, 2007. However, the time Government counsel has been required to devote to these tasks over the past week has been greater than anticipated.

Case 1:05-cv-00677-CCM

Document 54

Filed 10/30/2007

Page 2 of 2

Government counsel has conferred with plaintiffs' counsel concerning the postponement of Mr. Axelrod's deposition, and the latter has agreed to reschedule the deposition to November 14, 2007. For the foregoing reasons, we respectfully request that our motion for an enlargement of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

Filed electronically

s/Shalom Brilliant SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: (202) 616-8275 Facsimile: (202) 305-7643 Attorneys for Defendant

October 30, 2007

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