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

Case 1:98-cv-00621-ECH

Document 327

Filed 05/20/2004

Page 1 of 2

In the United States Court of Federal Claims
No. 98-621C Into which has been consolidated No. 04-103C (E-Filed: May 20, 2004) _________________________________________ ) ) COMMONWEALTH EDISON COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) _________________________________________ ) ORDER The court has before it Defendant's Motion for an Enlargement of Time to Complete Expert Discovery, Motion Seeking an Order Requiring Plaintiff to Complete Production of All Expert Materials by a Date Certain and to Identify Expected Testimony Regarding 17 Identified Expert Witnesses, and Motion for Expedited Consideration (defendant's motions). Further to a telephonic hearing held on May 19, 2004, on defendant's motions, the court orders the following. Defendant's motion for expedited consideration of defendant's motions is GRANTED. Defendant's motion seeking an order requiring plaintiff to complete production of all expert materials by a date certain and to identify expected testimony regarding seventeen identified expert witnesses is MOOT. At the May 19, 2004 hearing, plaintiff agreed to submit to defendant a revised list of the "the data or other information considered by" Mr. Emmert in preparing his expert report. See Rules of the United States Court of Federal Claims 26(a)(2)(B). Plaintiff also agreed, with respect to the seventeen witnesses, to review its disclosures regarding these witnesses and to supplement them if necessary, indicating areas of testimony that may fall within Federal Rule of Evidence

Case 1:98-cv-00621-ECH

Document 327

Filed 05/20/2004

Page 2 of 2

702. Plaintiff agreed to provide defendant with the revised list and supplemental disclosures on or before Friday, May 28, 2004. Defendant's motion for an enlargement of time to complete expert discovery is GRANTED. The court's order of March 18, 2004 is AMENDED to read as follows: 3. Expert Discovery. All expert discovery, including the exchange of expert reports and the completion of expert depositions, shall be completed on or before Friday, August 27, 2004. Plaintiff's expert report(s) shall be submitted on or before Thursday, April 15, 2004 and defendant's responsive expert report(s) shall be submitted on or before Thursday, July 15, 2004. Plaintiff's rebuttal expert report(s) shall be submitted on or before Friday, August 13, 2004. Supplemental Fact Discovery Motions Regarding Expert Reports. Defendant shall file any motions regarding supplemental fact discovery on or before Monday, April 26, 2004. Plaintiff's response shall be filed on or before Monday, May 3, 2004 and defendant's reply shall be filed on or before Friday, May 7, 2004. Plaintiff shall file any motions regarding supplemental fact discovery on or before Monday, July 26, 2004. Defendant's response shall be filed on or before Monday, August 2, 2004 and plaintiff's reply shall be filed on or before Monday, August 9, 2004. Motions for supplemental fact discovery will be allowed only if justice shall so require and because the discovery sought is of a nature that could not reasonably have been obtained prior to the close of fact discovery on Friday, March 12, 2004. IT IS SO ORDERED. s/ Emily C. Hewitt EMILY C. HEWITT Judge

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