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

Case 1:98-cv-00815-CFL

Document 154

Filed 09/01/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ATWOOD-LIESMAN, an Idaho general partnership, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

98-815C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION TO AMEND THE COURT'S SCHEDULING ORDER AND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of this Court, defendant, the United States, respectfully requests that the Court amend its June 30, 2006 scheduling order to allow the Government to take the supplemental deposition of plaintiffs' expert witness, Paul Hyde, by September 15, 2006. Currently, the Government is The

required to take Mr. Hyde's deposition by September 1, 2006.

Government further requests an enlargement of time of six days, through and including September 7, 2006, to file our responsive memorandum, witness list, and exhibit list, which are currently due on September 1, 2006. This is the defendant's first request

to amend the scheduling order, and our first request for an enlargement of time for this purpose. This motion is necessary because, in an effort to save travel time and reduce travel expenses, the parties have tentatively agreed to take both supplemental expert depositions in Chicago, Illinois between September 13 and September 14, 2006.

Case 1:98-cv-00815-CFL

Document 154

Filed 09/01/2006

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Currently, plaintiffs are required to take the supplemental expert deposition of the Government's expert, Charles Wilkins, by September 15, 2006. Based upon our tentative agreement, both

depositions would be completed by September 15, 2006. Our motion for enlargement of time is further necessary because, while conducting additional expert discovery, the parties have been extensively engaged in settlement discussions since June 1, 2006. These settlement discussions have included

two settlement conferences in Chicago, Illinois with our respective experts in attendance to attempt to devise several potential settlement models. Although no settlement has been

reached at this time, the parties desire to further engage in settlement discussions during the week of September 3, 2006. The

six-day enlargement of time requested by this motion will afford the undersigned trial counsel with time to devote to further settlement efforts. For these reasons, the Government respectfully requests that the Court amend its June 30, 2006 scheduling order to allow the Government to take the supplemental expert deposition of Mr. Hyde by September 15, 2006. The Government further respectfully

requests that the Court grant our unopposed motion for an enlargement of time of six days, through and including September 7, 2006, to file our responsive memorandum, witness list, and exhibit list. These request will not require any further

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Case 1:98-cv-00815-CFL

Document 154

Filed 09/01/2006

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amendments to the Court's January 10 and June 30, 2006 scheduling orders. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Michael S. Dufault MICHAEL S. DUFAULT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 Phone: (202) 353-7961 Facsimile: (202) 353-7988 Attorneys for Defendant

September 1, 2006

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Case 1:98-cv-00815-CFL

Document 154

Filed 09/01/2006

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CERTIFICATE OF SERVICE I hereby certify that on September 1, 2006, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER AND UNOPPOSED MOTION FOR ENLARGEMENT OF" was filed electronically. I understand that notice of this of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

/s/ Michael S. Dufault