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)

JOINT MOTION TO AMEND THE SCHEDULING ORDER The parties jointly respectfully request the Court to amend the current scheduling order, as follows. The parties request

the Court to enlarge by 63 days, to and including July 29, 2005, the time within which they must complete fact discovery. Fact

discovery presently closes on May 27, 2005, the Court having granted defendant's previous unopposed motion for a 57-day enlargement. This is the party's first joint request for an

enlargement of time for this purpose. The Court granted the Government's unopposed motion for a protective order on March 28, 2005 and, pursuant to the terms of the protective order, plaintiff's counsel became authorized to receive documents that contain protected material as of April 1, 2005. The Government subsequently produced all of the remaining

documents in its possession that were requested by plaintiff's document requests.1

The Government produced eight compact disks with documents in electronic format and 2,586 pages of documents in hard copy.

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Unfortunately, plaintiff's counsel was unable to access the documents that were provided in electronic format. These

problems were resolved after numerous communications between counsel and Government technical personnel. As a result of these

communications, plaintiff's counsel was required to purchase and install a new software program, and this program will now provide plaintiff's counsel with access to the documents provided by the Government in electronic format. In addition, one of the

compact disks the Government sent plaintiff's counsel was apparently defective, and the Government had to send plaintiff's counsel a replacement for this disk. The time requested is necessary, therefore, for plaintiff's counsel to complete reviewing the electronic documents; complete preparing to take depositions; and take depositions. Plaintiff

plans to take no more than five depositions, and all of these witnesses are out of town. The time requested is also necessary

for the Government to take depositions, should that prove necessary. The Government is contemplating filing a dispositive If the

motion after plaintiff has completed its depositions.

Government files such a motion, it will also file a motion requesting to stay discovery, so that it can later take depositions if the Court denies the Government's dispositive motion.

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Finally, the parties have concluded that expert witnesses will not be necessary, and request to amend the current scheduling order so that it reads as follows:

July 29, 2005 August 31, 2005

Parties complete fact depositions Government dispositive motion due

For the foregoing reasons, the parties respectfully request that this Court grant this joint motion to amend the scheduling order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Edward J. Tolchin EDWARD J. TOLCHIN Fettman, Tolchin & Majors, P.C. 10509 Judicial Drive, Suite 300 Fairfax, VA 22030 Tele: (703) 385-9500 Fax: (703) 385-9893 Attorney for Plaintiff /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 -3-

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DATED: May 27, 2005

DATED: May 27, 2005 OF COUNSEL: MAJ Anissa N. Parekh U.S. Army Legal Services Agency

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NOTICE OF FILING I hereby certify that on May 27, 2005, a copy of the foregoing "JOINT 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. system. Parties may access this filing through the Court's

/s Thomas D. Dinackus