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

Case 1:04-cv-00794-NBF

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UNITED STATES COURT OF FEDERAL CLAIMS

Civil Action Docket No: 04-794C (Judge Firestone)

PLAINTIFF'S CONSENT MOTION TO MODIFY DISCOVERY SCHEDULE

NOW COMES Plaintiff SPW Engineering Group, Inc. and moves for modificatio1jl of the Court's Order on discovery dated October 7, 2004. That Order

providesfor the closeof all discoveryon May 10,2005.The partiesare presently pursuingdiscovery,but Plaintiff maybe designating manyasthree expertwitnesses, as andneedsadditionaltime to completethatwork. Plaintiff discoveredin late December
that one of the experts it had planned to use has a conflict of interest. Thus,Plaintiff s

efforts to prepareappropriateexpertreportswas unexpectedly delayed. Additionally, Plaintiff hasexperienced otherunanticipated delayswith regardto the ongoing fact discovery. Consequently, Plaintiff, havingthe consent Defendant,herebyrequests of an Orderapprovingthe following extension the discoveryschedule to and including of up
July 15, 2005:

1. Fact discoveryshall closeby Wednesday,March 30, 2005. 2. The plaintiffs expert report shall be submitted to the government by
Wednesday, March 30, 2005. The government's expert report shall be submitted to the plaintiff by Friday, April 29, 2005.

3.

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4. The plaintiff shall submit a supplementary expert report to the government by
Friday, May 27, 2005. After receiving the plaintiffs supplementary expert report, the government may move for leave to file a surrebuttal report. If the court grants the government's motion for leave to file a surrebuttal report, it shall be submitted to the plaintiff by Friday, July 15, 2005. 5. All discovery shall be closed by Friday, July 15, 2005 The Court is requestedto reschedule a post-discovery conference for Friday,

July 15,2005 or shortlythereafter. Datedthis 14thdayof January 2005.

Respectfully submitted, By counsel

/s/
JosephA. McManus, Jr. Attorney of Record MCMANUS, SCHOR, ASMAR & DARDEN, L.L.P. 1301 ConnecticutAvenue,N.W. Sixth Floor Washington, D.C. 20036 (202) 296-9260

and
Debra L. Brown MARCUS, CLEGG & MISTRETTA, P.A. One Hundred Middle Street -East Tower Portland, ME 04101 (207) 828-8000

Attorneys for Plaintiff

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CERTIFICATE OF SERVICE I herebycertify that on January14,2005,the foregoingPlaintiffs Consent Motion to Modify DiscoverySchedule was filed electronically. I understand notice that of this filing will be sentto all partiesby operation the Court'selectronicfiling system. of Partiesmay access filing throughthe Court'ssystem. Additionally, a copyis being this faxedto the attorneylisted below.

Gregory T. Jaeger Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8thFloor 1101 L Street, NW Washington, DC 20005

202-353-7955
Attorney for Defendant

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UNITED STATES COURT OF FEDERAL CLAIMS

Civil Action DocketNo: 04-794C (JudgeFirestone)

ORDER UPON CONSIDERATION ofPlaintiffSPW EngineeringGroup,Inc.'s Consent
Motion to Modify Discovery Schedule, it is this

day of

,2005,

herebyfound: 1. ThatPlaintiff has showngoodcausefor the modificationof the Court's

Orderon discoverydatedOctober7, 2004,providing for the closing of all discoveryon
May 10, 20(])5; That Plaintiff requires additional time to complete the ongoing fact discovery and detenIline the expert witnesses, if any, to be designated; and

Thatthe discoveryschedule shouldbe extended to and including July up 15,2005 as set forth below. IT IS THEREFOREORDERED,thatthe discoveryschedule extended that is and new discoverydeadlines setasfollows: are 1 Fact discovery shall close by Wednesday, March 30, 2005. 2 The plaintiffs expert report shall be submitted to the government by
Wednesday, March 30, 2005.

3 The government's expert report shall be submitted to the plaintiffby Friday,
April 29, 2005.

3.

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4. The plaintiff shall submit a supplementary expert report to the government by
Friday, May 27, 2005. After receiving the plaintiffs supplementary expert report, the government may move for leave to file a surrebuttal report. If the court grants the government's motion for leave to file a surrebuttal report, it shall be submitted to the plaintiff by Friday, July 15, 2005. 5. All discovery shall be closed by Friday, July 15, 2005.

Notice of a rescheduled post-discovery conference be issuedby the Court. will

Judge, United StatesCourtof FederalClaims

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Copiesto: Joseph McManus,Jr. A. MCMANU$, SCHOR,ASMAR & DARDEN, L.L.P. 1301 Connecticut Avenue,N.W. Sixth Floor Washington,D.C. 20036 (202)296-9260
Debra L. Brown MARCUS, CLEGG & MISTRETTA, P.A. One Hundred Middle Street -East Tower Portland, ME 04101 (207) 828-8000

Attorneys Plaintiff for GregoryT. Jaeger Trial Attorney CommercialLitigation Branch Civil Division Department Justice of Attn: ClassificationUnit 8th Floor 1101 L Street,NW Washington, 20005 DC 202-353-7955 Attorney Defendant for

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