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

Case 1:04-cv-00636-LB

Document 15

Filed 08/30/2005

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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 30 days, to and including September 30, 2005, the date by which defendant must file its dispositive motion. That motion is presently due by August 31, 2005, the Court having granted the parties' joint motion to amend the scheduling order. This is the defendant's first request for an enlargement of time for this purpose. The parties are presently engaged in settlement negotiations. Counsel discussed the issues in this case on

August 11, 2005, and again on August 30, 2005,1 and are in the process of investigating and analyzing various issues that were raised in these discussions. Government counsel anticipates that

the parties will engage in additional discussions in the near future, and these discussions may lead to the settlement of this case.

Government counsel was on previously-scheduled annual leave August 19-27, 2005.

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Case 1:04-cv-00636-LB

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Filed 08/30/2005

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The 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. 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 August 30, 2005 -2-

Case 1:04-cv-00636-LB

Document 15

Filed 08/30/2005

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NOTICE OF FILING I hereby certify that on August 30, 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