Free Scheduling Order - District Court of Federal Claims - federal

Case 1:05-cv-00373-MCW

Document 13

Filed 07/14/2005

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In the United States Court of Federal Claims
No. 05-373C (Filed July 14, 2005) **************************** * MANHATTAN CONSTRUCTION COMPANY, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * _________________________________________________________________________ SCHEDULING ORDER _________________________________________________________________________ Pursuant to Rule 16(b) of the Rules of the United States Court of Federal Claims (RCFC), the Court held a preliminary status conference with the parties on July 13, 2005, to set a schedule for discovery, pretrial and trial, and to address any outstanding issues with the parties. In accordance with the representations made during the conference and the suggestions made by the parties in their proposals for future proceedings, the Court schedules the following: 1. Initial Disclosures. Initial disclosures pursuant to RCFC 26(a)(1) shall be completed on or before August 1, 2005. Fact Discovery. All fact discovery, including all depositions, shall conclude on or before October 31, 2005. Status Conference. On November 1, 2005, at 11:30 am EST, the Court will conduct a telephonic status conference to address any potential issues that arise. The Court will initiate the teleconference, and a court reporter will transcribe the proceedings. Expert Discovery. All expert discovery, including the exchange of expert reports and the completion of expert depositions, shall be completed on or before January 16, 2006. The exchange of expert reports shall be completed by December 30, 2005. Meeting of Counsel. The parties shall meet to satisfy the requirements of RCFC Appendix A ¶ 13, including the exchange of exhibits and witness lists,

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Case 1:05-cv-00373-MCW

Document 13

Filed 07/14/2005

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and to stipulate to all matters as to which the parties agree, on or before January 15, 2006. The parties shall ensure that exhibits are not duplicative. 6. Dispositive Motions. The parties shall notify the Court of their intentions to file any dispositive motions on or before December 30, 2005. Memorandum of Contentions of Fact and Law. In accordance with RCFC Appendix A ¶ 14, Plaintiffs shall file their Memorandum of Contentions of Fact and Law (Memorandum) on or before January 16, 2006. Defendant shall files its responsive Memorandum on or before January 27, 2006. Each Memorandum shall be accompanied by witness lists and exhibit lists and any motions, including any Motion in Limine, contemplated by Appendix A ¶¶ 14, 15, and 16. Any objection to a witness or exhibit not made in the Memorandum or a separate motion filed on the same date shall, if the objection is of a type that could reasonably have been identified at the time of such filing, be deemed waived absent a showing of a compelling reason for failure. Pretrial Conference. The pretrial conference will be conducted at 11 am EST, on January 30, 2006, at the Howard T. Markey National Courts Building, 717 Madison Place, N.W., Washington, D.C. The courtroom designated will be posted on the bulletin board in the lobby of the courthouse. The proceedings will be transcribed. Trial. Trial will be conducted on February 1, 2006, through February 2, 2006, at the Howard T. Markey National Courts Building, 717 Madison Place, N.W., Washington, D.C. The courtroom designated will be posted on the bulletin board in the lobby of the courthouse. Trial will begin at 9:00 a.m. EST on each day, and conclude at 6:00 p.m. unless the Court otherwise orders. During each day of trial, the Court anticipates taking a 15-minute mid-morning recess, a one-hour luncheon recess and one 15-minute midafternoon recess. Subject to the availability of the courtroom, the Court is willing to sit late to accommodate the schedules of witnesses and counsel. Courtesy Copies of Documents. The parties shall file courtesy copies of any submissions via facsimile machine, (202) 357-6666, or by e-mail, [email protected].

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s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge

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