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

Case 1:05-cv-00457-LJB

Document 13

Filed 08/08/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GEE & JENSON ENGINEERS ARCHITECTS AND PLANNERS, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-457C (Judge Bush)

JOINT MOTION FOR AN EXTENSION OF TIME TO COMPLETE DISCOVERY Pursuant to Rule 6(b)(1) and 6.1 of the United States Court of Federal Claims, the parties respectfully request that the Court modify its order dated October 20, 2005, to enlarge the period provided for producing expert reports by sixty (60) days from August 22, 2006, to and including October 22, 2006 and to extend the close of the fact discovery period by sixty one (61) days from November 1, 2006, to and including, January 2, 2007. This is the parties' first motion for an enlargement of time for this purpose. Counsel for the plaintiff, William Scott, is traveling out of the country and consents to counsel for defendant filing this motion on behalf of both parties. Although the parties have been working together to complete discovery, obtain documents from third parties, and to discuss resolution of this case, additional time is requested to continue discovery for the following reasons. Counsel for defendant has not yet received copies of essential documents produced as a result of a third party subpoena duces tecum. Additional time is also necessary to schedule times for depositions of fact and expert witnesses and for thorough preparation of expert reports in this case. In addition, counsel for the plaintiff

will be out of the office until August 17, 2006 and defendant's counsel will be out of the office August 30 through September 5, 2006.

Case 1:05-cv-00457-LJB

Document 13

Filed 08/08/2006

Page 2 of 3

As a result, the parties are filing this motion jointly and respectfully request that the Court modify the October 20, 2005 scheduling order as follows: 1. disclosure of expert reports and related material pursuant to Rule 26(a)(2) of the Rules of the Court of Federal Claims shall take place on or before October 22, 2006; 2. 3. Fact discovery will close on January 2, 2007; No later than January 15, 2007, the parties will file a joint status report.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

S/Donald E. Kinner DONALD E. KINNER Assistant Director

S/Tara K. Hogan TARA K. HOGAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th floor Washington, D.C. 20530 Tele: (202) 307-1011 Fax: (202) 514-8624 August 8, 2006 -2Attorneys for Defendant

Case 1:05-cv-00457-LJB

Document 13

Filed 08/08/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on August 8, 2006, a copy of the foregoing "JOINT MOTION FOR AN EXTENSION OF TIME TO COMPLETE DISCOVERY" 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. Parties may access this filing through the Court's system.

s/ Tara K. Hogan

-3-