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

Case 1:99-cv-00754-LAS

Document 47

Filed 10/12/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) NORMA C. SULLIVAN and DONALD E. SULLIVAN,

No. 99-754 C (Senior Judge Smith)

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME With the consent of plaintiffs, defendant hereby respectfully requests that the remaining deadlines in this case, as set forth in the Court's June 19, 2006 order, be extended an additional month and that the status conference, presently scheduled for October 16, 2006, be re-scheduled for a date and time, convenient to the Court, on or about November 16, 2006. We request the extension of the deadlines because the Government encountered difficulty obtaining an expert upon the subject matter (the diminution of the value of plaintiffs' personal injury lawsuit) which will be dispositive of damages in plaintiffs' claim before this Court. We have found an appropriate expert and expect to formally hire him shortly, but need the additional time for him to consider the evidence and issue his report, which is presently due on October 16, 2006. We request the re-scheduling of the status conference because plaintiff's counsel will be in a trial on October 16, 2006, and he has asked us to convey his request for re-scheduling to the Court. For the foregoing reasons, defendant respectfully requests that the Court grant its unopposed motion for an extension of time by amending the Court's June 19, 2006 order to extend the remaining deadlines therein by a month.

Case 1:99-cv-00754-LAS

Document 47

Filed 10/12/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant 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. 20530 Tele: (202) 305-7586 Fax: (202) 514-7969 October 12, 2006 Attorneys for Defendant