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

Case 1:02-cv-01768-ECH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHIANELLI BUILDING CORPORATION,) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) ) Defendant. ) )

(Judge Hewitt) No. 02-1768C

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO CONDUCT DISCOVERY Defendant respectfully requests an enlargement of time of 90 calendar days, to and including May 27, 2004, within which to complete discovery in this case. Pursuant to the Court's order

dated June 18, 2003, the parties currently must complete discovery by February 27, 2004. This is either party's first Counsel for

request for an enlargement of time for this purpose.

defendant has contacted counsel for plaintiff regarding this motion, and he has stated that he does not oppose an enlargement of time of 45 days. The additional time is necessary for the following reasons. First, undersigned counsel for defendant was recently assigned this case. Counsel for defendant has begun to review the files

in this case, and expects to complete her review within the next several weeks. Second, based upon a cursory review of the files, undersigned counsel has determined that it is important that an audit be conducted of plaintiff's requests for equitable

Case 1:02-cv-01768-ECH

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adjustment.

While the Defense Contract Audit Agency ("DCAA")

auditor attempted to perform an audit of plaintiff's claims in August, 2003, the DCAA auditor has stated to counsel for defendant that plaintiff and its subcontractor, Abatement Technologies, LLC, failed to cooperate with him. Counsel for

defendant spoke by telephone to counsel for plaintiff the week of January 19, 2004, and requested that he attempt to persuade plaintiff and its subcontractor to cooperate with the auditor's renewed attempts to conduct the audit. stated that he would do so. In addition to the audit, counsel for defendant anticipates that the parties will conduct depositions in this case. time, neither party has noticed depositions of potential witnesses. Finally, counsel for defendant anticipates that the At this Counsel for plaintiff

parties will renew their settlement discussions within the next few months. For these reasons, the additional time is necessary

to allow counsel for defendant to become familiar with this case, and for the parties to complete discovery and, if appropriate, conduct settlement discussions. For the foregoing reasons, we respectfully request that our motion for an enlargement of time to conduct discovery be granted.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Bryant G. Snee BRYANT G. SNEE Assistant Director s/ Lauren S. Moore LAUREN S. MOORE Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 10th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-6288 Fax: (202) 514-8640 Attorneys for Defendant JANUARY 28, 2004

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CERTIFICATE OF FILING I hereby certify that on January 28, 2004, a copy of "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO CONDUCT DISCOVERY" 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. I understand that parties may

access this filing through the Court's system.

/s/ Lauren S. Moore