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

Case 1:05-cv-00186-FMA

Document 26

Filed 11/03/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) LAVETTA ELK,

05-186L Judge Francis M. Allegra

JOINT MOTION FOR AN EXTENSION OF TIME Pursuant to RCFC 6.1, Counsel for Defendant and Counsel for Plaintiff move for a fortyfive (45) day enlargement of time modifying the deadlines for certain proceedings set out in the Court's Scheduling Order of April 20, 2006. This is the parties' first request to enlarge and modify the time to meet the deadlines set out in the Court's Order of Scheduling Order of April 20, 2006. The Court's Order of April 20, 2006 set forth the following deadlines: 1. On or before December 8, 2006, the parties shall complete fact discovery, inclusive of all depositions and written discovery. 2. 3. On or before January 12, 2007, the parties shall file their expert reports. On or before February 2, 2007, the parties shall exchange rebuttal expert reports, if any. 4. 5. On or before February 16, 2007, the parties shall complete all expert depositions. On or before March 2, 2007, the parties shall file a joint status report indicating how this case should proceed. This report shall contain, if appropriate, a proposed schedule for the filing of dispositive motions. 1

Case 1:05-cv-00186-FMA

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Filed 11/03/2006

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6.

Prior to March 2, 2007, the parties shall have at least one discussion regarding settlement of this matter.

The Parties now request that the following schedule be adopted: 1. On or before January 22, 2007, the parties shall complete fact discovery, inclusive of all depositions and written discovery. 2. 3. On or before February 26, 2007, the parties shall file their expert reports. On or before March 19, 2007, the parties shall exchange rebuttal expert reports, if any. 4. 5. On or before April 2, 2007, the parties shall complete all expert depositions. On or before April 16, 2007, the parties shall file a joint status report indicating how this case should proceed. This report shall contain, if appropriate, a proposed schedule for the filing of dispositive motions. 6. Prior to April 16, 2007, the parties shall have at least one discussion regarding settlement of this matter. This enlargement of time is necessary to accommodate conflicts regarding Counsel for Plaintiff's schedule and Counsel for Defendant's interest in maintaining sufficient time to complete full discovery. A proposed order is attached. Counsel for Plaintiff consents to the filing of this Joint Motion. Respectfully submitted this 3rd day of November, 2006. SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division United States Department of Justice /s/ Kevin Webb 2

Case 1:05-cv-00186-FMA

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Filed 11/03/2006

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KEVIN S. WEBB Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Tele: (202) 305-0479 Fax: (202) 353-2021 E-mail: [email protected]

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