Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 75

Filed 02/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. § § § § § § § § § §

CASE NO. 05-231 T Chief Judge Edward J. Damich

JOINT MOTION TO REVISE SCHEDULING ORDER Plaintiff JZ Buckingham Investments LLC ("Plaintiff") and Defendant the United States of America ("Defendant") (collectively the "Parties") jointly move this Court to further revise the discovery deadlines set forth in the Revised Scheduling Order. In support of this Motion, the Parties show the Court as follows: 1. On April 10, 2006, the Parties jointly filed a Motion to Revise Scheduling Order

to coordinate with the Cobra MDL case, which this Court approved on April 17, 2006 and amended on May 25, 2006. The Revised Scheduling Order provided for the following discovery deadlines: Motions to Amend Pleadings or Add Parties Initial Expert Reports Rebuttal Expert Reports Motion to Exclude/Limit Expert Testimony Final Witness and Exhibit Lists Discovery Ends Dispositive Motions Deadline June 1, 2006 October 16, 2006 December 15, 2006 February 1, 2007 February 1, 2007 February 1, 2007 April 2, 2007

JOINT MOTION TO REVISE SCHEDULING ORDER 348234

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Case 1:05-cv-00231-EJD

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2.

On October 12, 2006, Defendant moved this Court to extend the discovery

deadlines for initial expert reports, rebuttal expert reports, and the end of discovery. The Court granted the Defendant's motion on November 21, 2006, pursuant to which it ordered the following new discovery deadlines: Initial Expert Reports Rebuttal Expert Reports Fact Discovery Ends Expert Discovery Ends 3. Deadline May 1, 2007 June 1, 2007 August 1, 2007 August 1, 2007

The Parties recently discovered that several discovery deadlines set forth in the

Original Plan have not been revised, including the deadlines for motions to exclude or limit expert testimony, final witness and exhibit lists, and dispositive motions. The Parties agree that the current deadlines for these items are inconsistent with (and untenable under) the Revised Deadlines and should be extended. 4. In light of the foregoing, the Parties respectfully request that the Court further

revise the Scheduling Order to adopt the following discovery deadlines: Motion to Exclude/Limit Expert Testimony Final Witness and Exhibit Lists Dispositive Motions 5. Deadline August 1, 2007 August 1, 2007 October 1, 2007

The Parties further request any additional relief to which they may be entitled.

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Respectfully submitted, By: s/ Joel N. Crouch ______________________ Joel N. Crouch Texas State Bar No.05144220 M. Todd Welty Texas State Bar No. 00788642 Tara C. Campbell Texas State Bar No. 24043452 MEADOWS, OWENS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF JZ BUCKINGHAM INVESTMENTS LLC By: s/ Dennis M. Donohue s/w/p by Joel N. Crouch Dennis M. Donohue

United States Department of Justice Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 (202) 616-3366 Telephone ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA Dated: February 1, 2007

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CERTIFICATE OF SERVICE I hereby certify that on February 1, 2007, I electronically filed the foregoing Motion with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Dennis M. Donohue Trial Attorney, Tax Division United States Department of Justice P.O. Box 26 Ben Franklin Station Washington DC 20044 (202) 616-3366

s/ Joel N. Crouch Joel N. Crouch

JOINT MOTION TO REVISE SCHEDULING ORDER 348234

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