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

Case 1:05-cv-00675-MMS

Document 45

Filed 03/27/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-675 T (Judge Margaret M. Sweeney) __________ WILLIAM F. AND THERESE HARTMAN, Plaintiffs v. UNITED STATES, Defendant

__________ JOINT MOTION FOR EXTENSION OF TIME _________

Pursuant to RCFC 6(b), the parties move this Court for an enlargement of 70 days, from March 28, 2008, to and including June 6, 2008, of the deadline for the parties to complete discovery in the above-captioned case. Three prior enlargements of this deadline totaling 180 days have been granted. The parties have now conducted the deposition of William Hartman and are continuing discussions with Cap Gemini and Ernst & Young concerning production of documents related to the transaction at issue in the complaint. Those discussions have been complicated by issues regarding confidentiality. It is expected that Ernst & Young will produce most of the documents the parties seek by the end of next week. There is still no timetable for production of documents by Cap Gemini. Once the documents are produced the parties will take the depositions of Cap Gemini, Ernst & Young, and Merrill Lynch. Those depositions and the 1

Case 1:05-cv-00675-MMS

Document 45

Filed 03/27/2008

Page 2 of 2

documents may reveal the need for additional depositions of individuals involved the transaction at issue in the complaint. The parties believe discovery can be completed within the next 70 days. WHEREFORE, the parties respectfully request that the deadline for completing discovery be extended from March 28, 2008, to, and including, June 6, 2008.

Respectfully submitted, 3/27/08 DATE ___s/ Kenneth R. Boiarsky____ KENNETH R. BOIARSKY 174 Los Alamitos Lane HCR 74-22126 El Prado, New Mexico 87529-9540 (505) 737-5940 Counsel for Plaintiffs 3/27/08 DATE ___s/ Benjamin C. King, Jr.____ BENJAMIN C. KING, JR. Attorney of Record Justice Department (Tax) Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section 3/27/08 DATE s/ David Gustafson__________ Of Counsel Counsel for Defendant

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