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

Case 1:04-cv-00487-LB

Document 12

Filed 10/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation Plaintiff, v.

THE UNITED STATES, Defendant.

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No. 04-487C (Judge Block)

JOINT MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of this Court, both parties respectfully request an enlargement of the discovery deadlines earlier set by this Court in its September 17, 2004 order. This is the parties' first request for an enlargement of time for this purpose. This request is necessary primarily because Mr. Earnie Mendenhall, the Government's quality inspector upon the project that is the subject of this lawsuit, was assigned to Iraq for much of 2005 as part of the Corps of Engineers reconstruction efforts in that country. Although Mr. Mendenhall is now available for deposition and the parties have concluded almost all other fact discovery, we respectfully request that the Court modify it's scheduling order as follows: a. b. c. d. Conclusion of fact discovery by November 11, 2005. Expert disclosures by December 12, 2005. Expert witness discovery concluded by January 11, 2006. A joint status report filed by the parties by Febuary 10, 2006

For these reasons, the parties respectfully request that the Court grant our motion for enlargement of discovery deadlines.

Case 1:04-cv-00487-LB

Document 12

Filed 10/24/2005

Page 2 of 2

Respectfully submitted, s/ James T. Hopkins JAMES T. HOPKINS Schiffrin Olson Schlemlein & Hopkins 1601 Fifth Avenue, Suite 2500 Seattle, WA 98101 Washington, DC 20005 Tel. (206) 448-8100 Fax (206) 448-8514 Attorneys for Plaintiff PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ James M. Kinsella JAMES M. KINSELLA Deputy Director

s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 305-7586 Fax (202)514-7969 Attorneys for Defendant October 24, 2005

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