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

Case 1:04-cv-00636-LB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRICA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-636C (Judge Block)

DEFENDANT'S UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER Defendant respectfully requests the Court to amend the current scheduling order, as follows. Defendant requests the

Court to enlarge by 28 days, to and including January 13, 2006, the date by which defendant must file its dispositive motion. That motion is presently due by December 16, 2005, the Court having granted the parties' joint motion to amend the scheduling order and defendant's previous three unopposed motions to amend the scheduling order. This is the defendant's fourth request for

an enlargement of time for this purpose. As reported in the Government's previous motion, the parties are engaging in settlement discussions. The parties have made The

material progress, but have not yet completed this process. time requested is necessary, therefore, for the parties to continue to engage in settlement negotiations and, if the

negotiations are unsuccessful, for the Government to prepare its dispositive motion. For the foregoing reasons, the Government respectfully requests that the Court grant this unopposed motion to amend the

Case 1:04-cv-00636-LB

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scheduling order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Brian M. Simkin BRIAN M. SIMKIN Assistant Director /s Thomas D. Dinackus THOMAS D. DINACKUS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tele: (202) 307-6289 Fax: (202) 514-7969 Attorneys for Defendant December 16, 2005

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Case 1:04-cv-00636-LB

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NOTICE OF FILING I hereby certify that on December 16, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER" 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. through the Court's system. Parties may access this filing

/s Thomas D. Dinackus