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

Case 1:99-cv-00194-EGB

Document 99

Filed 03/16/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARKETING AND MANAGEMENT INFORMATION, INC. , Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 99-194C (Judge Bruggink)

JOINT MOTION TO EXTEND DUE DATE FOR COMPLYING WITH THE REQUIREMENTS CONTEMPLATED BY APPENDIX A ¶ 13(a)-(b) Plaintiff, Marketing Management and Information, Inc. (MMI), and the defendant, the United States, respectfully request that the Court modify ¶ 8 of the parties' pretrial schedule by extending the due date for the parties to exchange their lists of witnesses and exhibits, as contemplated by Appendix A ¶ 13 (a)-(b), from May 7, 2004, until June 23, 2004, which is the date currently established for the meeting of counsel. By extending the due date from May 7 until June 23, 2004, for the exchange of the parties' exhibit and witness lists pursuant to the meeting of counsel, the parties agree that they will be permitted to raise objections concerning the admissibility of exhibits and witnesses after the May 21, 2004, which is the due date for the parties' motions in limine, in accordance with the procedures established in Appendix A, ¶ 14. Specifically, the parties request that the Court amend paragraph 8 of its October 31, 2004 Scheduling Order as follows: 8. On or before June 23, 2004, the parties shall exchange lists of witnesses and exhibits, as contemplated by Appendix A ¶ 13(a)-(b). The parties will be permitted to raise objections concerning the admissibility of exhibits and witnesses in accordance with the procedures established in Appendix A, ¶ 14.

Case 1:99-cv-00194-EGB

Document 99

Filed 03/16/2004

Page 2 of 3

For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

/s/ David M. Cohen DAVID M. COHEN Director /s/ Sheryl Floyd SHERYL FLOYD Senior Trial Counsel Commercial Litigation Branch: Civil Division Department of Justice Washington, D.C. 20530 Of Counsel: THOMAS D. RATHGEB ELLIOTT CLARK Office of General Counsel Defense Commissary Agency Fort Lee, VA 23801-1800 Attorneys for Defendant March 16, 2004

/s/ Charles J. Cooper CHARLES J. COOPER Cooper & Kirk, PLLC 1500 K Street, NW, Suite 200 Washington, DC 20005 (202) 220-9600 Counsel of Record for Plaintiff Of Counsel VINCENT J. COLATRIANO DEREK SHAFFER Cooper & Kirk, PLLC 1500 K Street, NW, Suite 200 Washington, D.C. 20005 (202) 220-9600

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Case 1:99-cv-00194-EGB

Document 99

Filed 03/16/2004

Page 3 of 3

CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on MARCH 16, 2004, a copy of the "JOINT MOTION TO EXTEND DUE DATE FOR COMPLYING WITH THE REQUIREMENTS CONTEMPLATED BY APPENDIX A ¶ 13(a)-(b)" 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. Parties may access this filing through the Court's system. /s/ Sheryl L. Floyd