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

Case 1:99-cv-00194-EGB

Document 96

Filed 01/09/2004

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

No. 99-194C (Judge Bruggink)

JOINT MOTION TO EXTEND BY ONE WEEK DEADLINES FOR FILING/EXCHANGE OF MMI'S INITIAL EXPERT REPORT(S), THE UNITED STATES' STATUS REPORT REGARDING EXPERT REPORT(S), AND THE UNITED STATES' EXPERT REPORT(S) Plaintiff Marketing and Management Information, Inc. (MMI) and Defendant United States respectfully request that the Court enter an order extending by one week the deadlines for filing/exchange of (i) MMI's initial expert report, (ii) the United States' status report regarding its intentions to file expert report(s), and (iii) the United States' expert report(s). Specifically, the parties' request that the Court amend paragraphs 3-5 of its Scheduling Order of October 30, 2003 so that they now read as follows:* 3. MMI will exchange no later than January 23, 2004 all expert reports on damages and ADPE issues in the manner and form required by Rule 26(a)(2) of the Rules of the United States Court of Federal Claims, including all supporting documentation, spreadsheets, calculations, and formulas supporting damages calculations and spreadsheets, in hard copy and electronically; iterations of prior draft reports need not be submitted.

*

The relevant dates have been pushed back by one week and are marked in bold; the language of the Order has not been amended in any other respect. 1

Case 1:99-cv-00194-EGB

Document 96

Filed 01/09/2004

Page 2 of 4

4. The Government will file a status report on or before February 27, 2004 indicating whether it intends to introduce any expert report(s) or call any expert witness(es) specifically with respect to the ADPE issues. The Government will also identify any such ADPE expert(s) and the expected scope of his or her testimony. 5. The Government will exchange no later than March 19, 2004 all expert report on damages and ADPE issues in the manner and form required by Rule 26(a)(2) of the Rules of the United States Court of Federal Claims, including all supporting documentation, spreadsheets, calculations, and formulas supporting damages calculations and spreadsheets, in hard copy and electronically; iterations of prior draft reports need not be submitted. As grounds for this motion, the parties state that MMI has encountered a confluence of factors, including complications associated with obtaining from third parties ACNielsen Corporation and Information Resources, Inc. documents and information potentially relevant to its expert report, and securing protections necessary to assuage the confidentiality concerns of those third parties, that are impeding the preparation of its expert report so as to warrant the one-week extension. Furthermore, the parties note that, absent the modifications proposed herein, the Government's time in which to file its status report and exchange its expert report(s) would be reduced from that contemplated in the Court's Order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /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

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Case 1:99-cv-00194-EGB

Document 96

Filed 01/09/2004

Page 3 of 4

/s/ Sheryl Floyd SHERYL FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division U.S. Department of Justice Washington, D.C. 20530 (202) 307-0282 Attorneys for Defendant OF COUNSEL: THOMAS RATHGEB ELLIOT CLARK Office of General Counsel Defense Commissary Agency Fort Lee, Virginia 23801 January 9, 2004

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 96

Filed 01/09/2004

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CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on January 9, 2004, a copy of the "JOINT MOTION TO EXTEND BY ONE WEEK DEADLINES FOR FILING/EXCHANGE OF MMI'S INITIAL EXPERT REPORT(S), THE UNITED STATES' STATUS REPORT REGARDING EXPERT REPORT(S), AND THE UNITED STATES' EXPERT REPORT(S)" 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 Floyd

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