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

Case 1:05-cv-00551-LJB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HM2 CORPORATION, d/b/a HM2 CONSTRUCTORS AND FABRICATORS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-551C (Judge Bush)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests the Court to grant an enlargement of time of 90 days, to and including August 29, 2007, within which to complete discovery. Pursuant to an order, dated October 12, 2006, discovery is due to be completed on or before May 31, 2007. We also respectfully

request that certain related (earlier) deadlines be enlarged by 90 days. This is our second request for an enlargement of time

for this purpose, the Court having granted an enlargement of 153 days. Counsel for plaintiff, HM2 Corporation ("HM2") has

authorized us to state that HM2 does not oppose this motion. The parties have sought aggressive schedules in this case. For example, when we filed our earlier motion, we expressly anticipated completion of three depositions per month. We also

expressly noted that both counsel would likely be required to devote at least one week each month to this case in order to meet that pace. The aggressive pace has not been met.

As a result of various schedule conflicts and holidays, neither party has conducted any deposition in the ten weeks since

Case 1:05-cv-00551-LJB

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the order was issued in October. been made.

However, other progress has

The United States has hired an expert to review

schedule and damages matters, and the parties have exchanged additional documents. Currently, the parties are seeking to schedule two depositions in January. Moreover, the parties intend to schedule Nonetheless, additional

several more depositions this spring.

time is needed to complete depositions, other fact discovery, expert reports, and expert discovery. Counsel for the parties have conferred, and have agreed that the United States should request the following schedule: May 29, 2007 June 29, 2007 August 29, 2007 Completion of all discovery except expert discovery. Service of all expert reports. Completion of expert discovery.

For the reasons stated above, we respectfully request that our unopposed motion for an enlargement of time be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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S/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 January 10, 2007 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on January 10, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" 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 Court's system. S/ James W. Poirier Parties may access this filing through