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

Case 1:05-cv-00170-LAS

Document 27

Filed 04/18/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SWANSON GROUP, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 05-170C (Senior Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time within which to complete fact discovery on liability. Under the current pre-trial schedule, the deadline for this discovery is May 12, 2006. The plaintiff, through counsel, has been contacted by telephone regarding this request and does not oppose. Defendant requests this enlargement of time because undersigned counsel for the Government is new to the office and has only been assigned to this case as of April 5, 2006. The additional time is necessary to allow Government counsel to become familiar with the facts and issues in the case in order to provide proper representation of the defendant. Additionally, plaintiff's counsel has been ill, and was hospitalized from the first week in February through the first week in March, 2006, and thereafter in convalescence at home through the end of March 2006. During this time plaintiff's counsel was not able to do any significant work on this case or other matters. Plaintiff's counsel's office promptly informed Government counsel of these circumstances. Plaintiff's counsel was able to return to his office on April 3, 2006, and began to address matters in this action and in other matters, including conducting

Case 1:05-cv-00170-LAS

Document 27

Filed 04/18/2006

Page 2 of 2

discovery and rescheduling pretrial activities. Based on these facts the parties respectfully request that the Court adopt the proposed joint amended pre-trial schedule filed simultaneously herewith. For the foregoing reasons, defendant respectfully requests that the Court grant this unopposed motion for an enlargement of time for fact discovery on the issue of liability. A proposed amended joint scheduling order is attached to this motion reflecting the requested enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Phone: (202) 616-0341 Fax: (202) 514-8624 April 18, 2006 Attorneys for Defendant