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

Case 1:99-cv-00194-EGB

Document 111

Filed 07/28/2004

Page 1 of 4

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 FOR REVISION TO THE COURT'S SCHEDULING ORDER OF JUNE 9, 2004 Plaintiff, Marketing and Management Information, Inc., and Defendant, the United States, request a short postponement of the date on which the parties are to exchange lists of witnesses and exhibits pursuant to RCFC App. A ¶ 13(a)-(b), and on which counsel for the parties are to meet pursuant to RCFC App. A ¶13(a)-(c). Under the existing schedule, the parties are required to exchange witness and exhibit lists, and counsel are required to meet, on or before July 28, 2004. The parties have agreed to extend that deadline by six days, i.e., until August 3, 2004. This short postponement is needed to allow the parties to complete the preparation of witness and exhibit lists and to accommodate other scheduling conflicts. The parties therefore respectfully request that the Court amend paragraphs 8 and 11 of its scheduling order of June 9, 2004, so that those paragraphs read as follows: 8. On or before August 3, 2004, the parties shall exchange lists of witnesses and exhibits, as contemplated by Appendix A ¶ 13(a)-(b). 11. On or before August 3, 2004, counsel shall meet pursuant to App. A¶ 13(c).

Case 1:99-cv-00194-EGB

Document 111

Filed 07/28/2004

Page 2 of 4

We respectfully request that the Court enter a revised scheduling order consistent with this proposal. 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 Charles J. Cooper by Vincent J. Colatriano CHARLES J. COOPER Cooper & Kirk, PLLC 1500 K Street, NW, Suite 200 Washington, D.C. 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 Attorneys for Plaintiff

July 28, 2004

Case 1:99-cv-00194-EGB

Document 111

Filed 07/28/2004

Page 3 of 4

CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on JULY 28, 2004, a copy of "JOINT MOTION FOR REVISION TO THE COURT'S SCHEDULING ORDER OF JUNE 9, 2004" 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

Case 1:99-cv-00194-EGB

Document 111

Filed 07/28/2004

Page 4 of 4

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

No. 99-194C (Judge Bruggink)

ORDER Pending is the parties' July 28, 2004 Joint Motion for Revision to the Court's Scheduling Order of June 9, 2004. The motion is granted. Accordingly, paragraphs 8 and 11 of the Court's June 9, 2004 order are amended as follows: 8. On or before August 3, 2004, the parties shall exchange lists of witnesses and exhibits, as contemplated by Appendix A ¶ 13(a)-(b). 11. On or before August 3, 2004, counsel shall meet pursuant to App. A¶ 13(c).

_________________________________ ERIC G. BRUGGINK Judge