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

Case 1:01-cv-00669-FMA

Document 53

Filed 10/29/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BENJAMIN & SHAKI ALLI AND BSA CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 01-669C (Judge Allegra)

DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME Pursuant to Rules 6(b), 6.1 and 26 of the Rules of the United States Court of Federal Claims, the United States respectfully requests a modification of the discovery schedule in this matter. Currently, fact depositions are scheduled to conclude on November 12, 2004; defendant's expert reports are to be disclosed on or before November 19, 2004; and expert depositions are scheduled to conclude on December 17, 2004. Defendant requests that the discovery schedule be enlarged by 84 days as follows: fact depositions shall be conducted on or before February 4, 2005; defendant's expert reports shall be disclosed on or before February 11, 2005; and expert depositions shall be conducted on or before March 11, 2005. This is defendant's first request for an enlargement of time for this purpose. Government counsel has advised plaintiff's counsel of this request. Plaintiff's counsel has stated that it does not oppose this motion. The undersigned was recently assigned this three-year old case, involving damages in the millions of dollars, on October 18, 2004. This enlargement is requested because the undersigned requires additional time to learn the case file, consult with agency counsel, review documents and deposition transcripts, and prepare for additional depositions. Moreover, since early August of this year, defendant has been waiting to receive additional documents responsive to discovery

Case 1:01-cv-00669-FMA

Document 53

Filed 10/29/2004

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requests served on April 23, 2004.

Given the important subject matter of these documents,

defendant believes it would be in the interests of judicial efficiency to review these documents, the volume of which is unknown, before conducting further depositions in this case. Defendant expects to receive these documents in the next few weeks. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/ Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street Washington, D.C. 20530 Tel. (202) 307-1011 Fax. (202) 307-0972 October 29, 2004 Attorneys for Defendant