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

Case 1:04-cv-00710-SGB

Document 49

Filed 07/31/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOHN FILOSA and SUSAN KEMBLE, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

04-710C (Judge Braden)

PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR MODIFICATION OF DISCOVERY SCHEDULE Pursuant to Rule 6(b) and Rule 6.1 of the Rules of the Court of Federal Claims ("RCFC"), the parties respectfully requests the Court modify the discovery deadlines ("discovery deadlines") established by the Court's January 12, 2007 scheduling order. The proposed schedule modifications are set forth below. This is the parties' first joint motion for this purpose.1

The original schedule established by the Court's order dated January 18, 2005 has been modified pursuant to three unopposed motions by plaintiffs (one of which did not seek the enlargement of all deadlines) and three unopposed motions by defendant, (one of which did not seek the enlargement of non-discovery deadlines). These motions were necessary because of: (1) the delays inherent in conducting nation-wide class certification discovery; (2) unanticipated delays in completing class certification discovery; and (3) difficulties in accommodating the schedules of third-party witnesses for depositions. In addition, the Court previously enlarged various discovery deadlines in orders dated July 26, 2006 and January 12, 2007.

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Case 1:04-cv-00710-SGB

Document 49

Filed 07/31/2007

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This motion is necessary because pursuant to the class notification procedures, plaintiffs have identified an additional ten to fifteen new plaintiffs that would like to be added to the action. In addition, new defense counsel was assigned to this matter in March 2007, when previous defense counsel, Gregory Jaeger, left the Department of Justice. As a result, defendant's new counsel required time to review the file and issues involved. As of the date of this motion, defendant has yet to take any discovery in this matter. Furthermore, while plaintiff has completed some class-certification related discovery, plaintiffs intend to conduct additional discovery in preparation for trial. The requested enlargement should provide the parties time to complete fact and expert discovery. The parties, therefore, proposes the following modified schedule: Fact Discovery Cut-Off Dispositive Motions Due and Close of All Discovery December 21, 2007 June 27, 2008

Accordingly, the parties respectfully request that the Court grant this joint motion to modify the discovery deadlines in this case in accordance with the above schedule and that all subsequent dates be enlarged as well.

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Case 1:04-cv-00710-SGB

Document 49

Filed 07/31/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/ Fran L. Rudich FRAN L. RUDICH SETH LESSER Locks Law Firm, PLLC 110 East 55th Street New York, New York 10022 (212) 838-3333 Attorneys for Plaintiffs

JEANNE E. DAVIDSON Director

s/ Todd M. Hughes TODD M. HUGHES Assistant Director

s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 (202) 307-0315 July 31, 2007 Attorneys for Defendant

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Case 1:04-cv-00710-SGB

Document 49

Filed 07/31/2007

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CERTIFICATE OF FILING I hereby certify that on this 31st day of July 2007, a copy of the foregoing "PLAINTIFFS' AND DEFENDANT'S JOINT MOTION FOR MODIFICATION OF DISCOVERY SCHEDULE" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system s/ Robert C. Bigler