Free Order on Motion to Compel - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 289

Filed 06/30/2005

Page 1 of 1

In The United States Court of Federal Claims
No. 98-168C (Filed: June 30, 2005) __________ NORTH STAR ALASKA HOUSING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On June 13, 2005, plaintiff filed a motion to compel production pursuant to Rule 37(a)(2)(B) of the Rules of the Court of Federal Claims. On June 24, 2005, defendant filed a response to that motion. Upon careful consideration of the parties' filings, the court concludes that plaintiff's Requests for Production 1, 2, and 3 are overly broad on their face and fail to comply with the requirements of Rule 34(b) of the Rules of the Court of Federal Claims, which states that discovery requests shall describe the requested items with "reasonable particularity." See, e .g., Cotracom Commodity Trading Co. v. Seaboard Corp., 189 F.R.D. 655, 665-66 (D. Kan. 1999). Among other things, the requests do not provide any limitations in terms of subject matter or individuals. Plaintiff's motion to compel production is therefore DENIED. If necessary, the parties shall immediately move for a short extension of the discovery period to allow expert depositions in this matter to be completed. If the court grants such a motion, it will revise slightly the pretrial schedule in this matter. No other forms of discovery will be permitted. The scheduled trial dates will not be extended for any reason. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge