Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:05-cv-00608-ECH

Document 54

Filed 02/09/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FRANCISCO JAVIER RIVERA AGREDANO, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-608C (Judge Hewitt)

JOINT MOTION TO AMEND THE SCHEDULING ORDER Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, the parties, jointly, respectfully request the Court to amend the current discovery scheduling order to permit the parties to take two depositions beyond the close of discovery in this case. The parties have not been able to schedule the depositions of James Henderson (defense witness to be deposed by the plaintiff) and Michael Levine (plaintiff's expert to be deposed by the defendant). Mr. Henderson is a retired Federal employee who has been difficult to locate, and plaintiff's counsel anticipates issuing a subpoena for his deposition. Mr. Levine lives in New York and counsel were not able to coordinate their schedules so that his deposition could be completed prior to February 9, 2007. Counsel are still trying to coordinate their schedules and have not yet come to an agreement as to the dates of these depositions, but we anticipate completing them before the end of March 2007. For these reasons, the parties, jointly, respectfully request the Court to amend the scheduling order to allow the parties to complete the depositions of James Henderson and Michael Levine after the scheduled close of fact and expert discovery.

Case 1:05-cv-00608-ECH

Document 54

Filed 02/09/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Acting Director s/ Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director s/ Teresa Trucchi TERESA TRUCCHI Suppa, Trucchi & Henein LLP 3055 India Street San Diego, CA 92117 Tel. (619) 252-1683 Fax. (619) 297-7330 Attorney for the Plaintiff s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 Attorneys for Defendant

February 9, 2007

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Case 1:05-cv-00608-ECH

Document 54

Filed 02/09/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on February 9, 2007, a copy of the foregoing "JOINT MOTION TO AMEND SCHEDULING ORDER" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. The parties may access this filing through the Court's system.

s/ Devin A. Wolak DEVIN A. WOLAK

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