Free Joint Status Report - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

Document 62

Filed 12/22/2003

Page 1 of 4

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 STATUS REPORT AND MOTION FOR ENLARGEMENT OF DISCOVERY Pursuant to the Court's order, dated June 5, 2003, the parties file this joint status report and respectfully request that the Court grant an enlargement of the discovery period of approximately six months from December 22, 2003 to July 1, 2004. Pursuant to the Court's June 5, 2003 order, discovery is scheduled to end on December 22, 2003. Previously discovery in this matter was stayed from July 26, 2000 to January 28, 2002 due to a criminal investigation which could implicate the contract and work orders involved in this litigation. See Orders staying discovery, dated July 26, 2000,

October 12, 2000, January 31, 2001, and November 30, 2001. Defendant's counsel is informed that the criminal investigation which previously resulted in the stay of discovery in this matter is continuing. The criminal matter is assigned to

Assistant United States Attorney Bart Huff in the Chicago Office of the United States Attorney. Attorney Huff has informed

defendant's counsel that the related criminal matter is continuing and that he has not yet resolved the criminal matter,

Case 1:98-cv-00868-FMA

Document 62

Filed 12/22/2003

Page 2 of 4

due in part to a lengthy criminal trial, which he only recently concluded. The parties regard the taking of depositions as essential to a potential resolution of the matter. It is also possible that

the anticipated resolution of the criminal matter may affect the resolution of this civil case. The parties anticipate that the

requested enlargement of discovery would enable both parties to conduct the necessary depositions in this matter without impinging upon the criminal investigation which continues to be developed by the United States Attorney. In any event, the

depositions of certain individuals probably are best taken only after the criminal matter is resolved because of Fifth Amendment and grand jury concerns. Accordingly, the parties respectfully

request that the Court grant this motion and allow an enlargement of the discovery period to and including July 1, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General 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 DAVID M. COHEN Director

- 2 -

Case 1:98-cv-00868-FMA

Document 62

Filed 12/22/2003

Page 3 of 4

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ Domenique Kirchner DOMENIQUE KIRCHNER 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) 307-0290 Fax: (202) 514-8624 Attorneys For Defendant December 22, 2003

- 3 -

Case 1:98-cv-00868-FMA

Document 62

Filed 12/22/2003

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify, under penalty of perjury, that on this 22d day of December, 2003, I caused to be placed in the United States mail (first class mail, postage prepaid) copies of the foregoing "JOINT STATUS REPORT AND MOTION FOR ENLARGEMENT OF DISCOVERY" addressed as follows: BRIAN COHEN Bell, Boyd, & Lloyd 1615 L. Street, N.W. Suite 1200 Washington, D.C. 20036 S/Domenique Kirchner