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

Case 1:04-cv-00636-LB

Document 16

Filed 09/26/2005

Page 1 of 3

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 October 28, 2005, the date by which defendant must file its dispositive motion. That motion is presently due by September 30, 2005, the Court having granted the parties' joint motion to amend the scheduling order and defendant's previous unopposed motion to amend the scheduling order. This is the defendant's second request for an

enlargement of time for this purpose. As reported in the Government's previous motion, the parties are engaged 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 engage in settlement negotiations and, if the negotiations are unsuccessful, for the Government to prepare its dispositive motion. In addition, Government counsel was out of the office

for much of the weeks of September 12 and 19, 2005, because his wife had surgery on September 12, 2005, and Government counsel

Case 1:04-cv-00636-LB

Document 16

Filed 09/26/2005

Page 2 of 3

will be out of the office on travel September 27-30, 2005. For the foregoing reasons, the Government respectfully requests that the Court grant this unopposed motion to amend the 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 OF COUNSEL: MAJ ANISSA N. PAREKH U.S. Army Legal Services Agency September 26, 2005

-2-

Case 1:04-cv-00636-LB

Document 16

Filed 09/26/2005

Page 3 of 3

NOTICE OF FILING I hereby certify that on September 26, 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