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

Case 1:98-cv-00868-FMA

Document 69

Filed 07/19/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS L.P. CONSULTING GROUP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-868C (Judge Allegra)

JOINT MOTION TO RECONSIDER THE COURT'S ORDER DATED JULY 2, 2004 AND ALLOW A FOUR-DAY ENLARGEMENT OF THE DISCOVERY PERIOD AND REQUEST FOR EXPEDITED CONSIDERATION The parties respectfully request that the Court reconsider its July 2, 2004 order and allow an enlargement of the discovery period through August 10, 2004. The parties also respectfully

request expedited consideration of this matter. The parties have been working expeditiously to schedule the plaintiff's deposition of Carl Puricelli, a special agent in the Office of Inspector General. However, the deposition of Mr.

Puricelli cannot be accomplished by August 6, 2004, and the soonest date that Mr. Puricelli may be deposed is August 10, 2004. Plaintiff's counsel provided the dates of July 26, 29, August 2, 4, or 5, 2004 as dates when he was available to conduct this deposition. However, all of these dates are during the

period when defendant's counsel is required to be at FCIOtisville, N.Y., for preparation for depositions and conducting and defending depositions in Aaron v. United States, Fed. Cl. No. 00-315C and consolidated cases. Those depositions involve

Case 1:98-cv-00868-FMA

Document 69

Filed 07/19/2004

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extensive preparation and approximately 15 witnesses.

The

depositions are being conducted pursuant to the parties' joint discovery plan which was formally approved on by the Court on April 26, 2004. Defendant's counsel simply cannot accomplish

both the previously scheduled FCI-Otisville depositions and the deposition of Mr. Puricelli in this matter by August 6, 2004. Consequently, the parties respectfully requests that the Court reconsider its July 2, 2004 order and allow the plaintiff's deposition of Mr. Puricelli on August 10, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/Brian Cohen BRIAN COHEN Bell, Boyd, & Lloyd 1615 L. Street, N.W. Suite 1200 Washington, D.C. 20036 Tele: (202) 466-6300 Fax: (202) 463-0678 Attorney for Plaintiff

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Case 1:98-cv-00868-FMA

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s/Domenique Kirchner DOMENIQUE KIRCHNER Trial 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) 307-0290 Attorneys for Defendant Of Counsel: STEPHEN D. LOBAUGH United States Postal Service July 19, 2004

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Case 1:98-cv-00868-FMA

Document 69

Filed 07/19/2004

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this 19th day of July 2004, a copy of the foregoing "JOINT MOTION TO RECONSIDER THE COURT'S ORDER DATED JULY 2, 2004 AND ALLOW A FOURDAY ENLARGEMENT OF THE DISCOVERY PERIOD AND REQUEST FOR EXPEDITED CONSIDERATION" was electronically filed. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. /s DOMENIQUE KIRCHNER