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

Case 1:05-cv-00400-FMA

Document 80

Filed 08/29/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MICHAEL W. STOVALL, Plaintiff, v. THE UNITED STATES, Defendant.

Electronic Filing No. 05-400C (Judge Allegra)

PLAINTIFF'S MOTION TO EXTEND DISCOVERY DEADLINE

Comes now the Plaintiff, Michael W. Stovall, pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, and moves this Honorable Court to extend the deadline for the completion of discovery in the above-styled action. In support of this motion, the Plaintiff would show unto the Court as follows: 1. On June 18, 2008, after holding a joint status conference, this Court ordered that the discovery period in the above-styled action would be re-opened until September 2, 2008. (Docket Entry 78) 2. The parties to the above-styled action have successfully engaged in the exchange of discovery, including specifically the deposition of Clarence "Sam" Snyder. 3. Unfortunately, due to mutually conflicting schedules, the parties to the abovestyled action have been unable to complete the additional discovery which they both agree to be necessary and proper in this action. 4. Further, the parties continue to engage in negotiations regarding the relevance of several of the plaintiff's discovery requests, as well as, the appropriateness of several of the defendant's assertions of privilege. The parties are optimistic that these issues can be resolved without the need for a Protective Order and/or Motion to Compel if allowed to complete their negotiations. 5. Neither the plaintiff, nor the defendant have previously filed motion to extend the discovery deadline at issue. 6. Devin A. Wolak, Counsel for the defendant, having been apprised of the plaintiff's intent to file this motion, and having been afforded the opportunity to review its substance prior to filing, has confirmed the veracity of its averments and indicated his nonopposition to its prayer. WHEREFORE, the premises considered, the Plaintiff prays this Honorable Court to extend the discovery deadline in the above-styled action by fourteen (14) days, thereby establishing a new deadline of September 16, 2008.

1

Case 1:05-cv-00400-FMA

Document 80

Filed 08/29/2008

Page 2 of 2

This Motion is respectfully submitted on this the 28th day of August, 2008.

/s/ Howell Roger Riggs_________________ Howell Roger Riggs Attorney for the Plaintiff Dick Riggs Miller LLP 200 Clinton Avenue West, Suite 1050 Huntsville, Alabama 35801 Tel: (256) 564-7317 Fax: (256) 564-7319 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on the 28th day of August, 2008, I caused a copy of the foregoing motion to be served upon counsel for the defendant via electronic mail incident to electronic filing, and by placing the same in the U.S. Mail, properly addressed and postage prepaid to the following: Devin A. Wolak U.S. Department of Justice Commercial Litigation Branch 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530

/s/ Howell Roger Riggs_______________________ Howell Roger Riggs

2