Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:05-cv-00186-FMA

Document 87

Filed 08/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) LAVETTA ELK, Case No. 05-186L Judge Francis M. Allegra

UNOPPOSED MOTION TO AMEND THE JUNE 19, 2008 ORDER SCHEDULING POST-TRIAL BRIEFING Plaintiff, LAVETTA ELK, by and through her undersigned counsel, requests that the Court amend the post-trial briefing schedule. Pursuant to the Court's June 19, 2008 order, the schedule provides for the simultaneous filing of replies to the initial post-trial briefs on or before August 29, 2008. Undersigned counsel has previously scheduled commitments discussed below, overlapping with the deadline for filing replies to post-trial briefs. This request seeks an overall adjustment in the schedule of fourteen (14) days, with reply briefs due on or before September 12, 2008. The parties have conferred, and defendant does not oppose this motion. Undersigned counsel has a number of commitments in other cases and matters

which are nearing trial and Court-ordered discovery cutoffs, including depositions in Jane Doe v. The Florida International University Board of Trustees, et al., 0507349 CA 13, Miami-Dade County, Florida, Jane Doe, et al. v. School Board of Broward County, et al., 07-21367-CIV-SEITZ/MCALILEY, Southern District of Florida, and Jane Doe No. 3 v. Trinity Baptist Church of Jacksonville, Inc., 2007-

Herman & Mermelstein, P.A.

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Case 1:05-cv-00186-FMA

Document 87

Filed 08/25/2008

Page 2 of 3

Case No. 05-186L

CA-002102-XXX-MA, Duval County, Florida. In fact, undersigned counsel will be out of the office all of this week on depositions. As a result, Plaintiff will need additional time to prepare her reply brief. Accordingly, Plaintiff respectfully requests that the Court amend the schedule to allow the parties to file simultaneous reply briefs on or before September 12, 2008.
Dated: August 25, 2008

Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiff 18205 Biscayne Boulevard, Suite 2218 Miami, Florida 33160 Telephone (305) 931-2200 Facsimile: (305) 931-0877 www.hermanlaw.com By: /s/Adam D. Horowitz JEFFREY M. HERMAN, ESQ. [email protected] STUART S. MERMELSTEIN, ESQ. [email protected] ADAM D. HOROWITZ, ESQ. [email protected]

Herman & Mermelstein, P.A.

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Case 1:05-cv-00186-FMA

Document 87

Filed 08/25/2008

Page 3 of 3

Case No. 05-186L CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 25, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Steven D. Bryant, Esq. [email protected] /s/ Adam D. Horowitz

Herman & Mermelstein, P.A.

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