Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:04-cv-00471-EJD

Document 18

Filed 09/06/2005

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS J.H. PARKER CONSTRUCTION COMPANY, INC. ) ) ) ) ) ) ) ) ) )

Plaintiff, v. THE UNITED STATES, Defendant.

No. 04-471C (Judge Damich)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Defendant, the United States, respectfully requests that the Court grant an enlargement of time of 180 days to all dates in the current schedule. The current schedule is set forth in an This is the first motion for this

order, dated April 15, 2005. purpose.

Counsel for the plaintiff, J.H. Parker Construction

Company, Inc. ("Parker"), has authorized us to state that Parker does not oppose this motion. Counsel for the parties have worked together in a spirit of cooperation, and have made progress during this summer. Many

documents have been exchanged, and where document production has not been complete, the parties have agreed upon a process to expedite the completion of the document exchange. The United

States has hired a schedule expert, and his work has begun. Parker has informed us that it has nearly completed a claim for damages. Prior to the arrival of Hurricane Katrina, the Franklin

County Dam project was nearing completion, and the United States

Case 1:04-cv-00471-EJD

Document 18

Filed 09/06/2005

Page 2 of 5

anticipated making a claim for reprocurement costs against Parker (and so, against the surety). However, even before the arrival

of Hurricane Katrina, progress in the litigation was not quite what the parties had hoped when the schedule was proposed to the Court last spring. The contract at issue in this case concerns a dam in Franklin County, Mississippi -- not far from the coast of the Gulf of Mexico. Since Hurricane Katrina arrived, neither counsel

has been able to contact relevant personnel in Franklin County. Both counsel anticipate that the people in Franklin County will have other concerns in addition to this litigation during the coming weeks. The full enlargement requested is needed. The parties are

endeavoring to resolve all issues related to this case, including damages, in one proceeding. within the scope of the case. needed for discovery. following schedule: 1. Fact discovery should be completed by April 13, 2006. At this time, no damages issues are Furthermore, additional time is

Accordingly, we respectfully request the

All requests pursuant to RCFC 31, 33, 34 and 36 served after March 13, 2006 shall be deemed untimely. 2. The party with the burden of proof regarding an issue

shall disclose its testifying experts, the information required -2-

Case 1:04-cv-00471-EJD

Document 18

Filed 09/06/2005

Page 3 of 5

by RCFC 26(a)(2), and all expert reports by April 28, 2006. 3. All rebuttal experts, required information, and expert

reports shall be disclosed by May 30, 2006. 4. All expert discovery shall be completed by

June 14, 2006. 5. Summary judgment motions, if any, shall be filed by

July 14, 2006. 6. A status conference shall be held on or about July 24,

2006 to discuss the status of the case, and to establish any necessary pretrial schedule. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

S/Bryant G. Snee BRYANT G. SNEE Assistant Director

-3-

Case 1:04-cv-00471-EJD

Document 18

Filed 09/06/2005

Page 4 of 5

S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-7969 September 6, 2005 Attorneys for Defendant

-4-

Case 1:04-cv-00471-EJD

Document 18

Filed 09/06/2005

Page 5 of 5

CERTIFICATE OF FILING I hereby certify that on September 8, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" 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. the Court's system. S/ James W. Poirier Parties may access this filing through