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

Case 1:98-cv-00314-EJD

Document 84

Filed 05/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CENTRAL PINES LAND COMPANY, ET AL. ) ) Plaintiffs, ) ) vs. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ) ) ________________________________________ )

No. 98-314 L

Chief Judge Edward J. Damich

UNOPPOSED MOTION TO MODIFY THE COURT'S SCHEDULING ORDER _____________________________________________

Case 1:98-cv-00314-EJD

Document 84

Filed 05/15/2006

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Defendant, United States of America, respectfully submits this unopposed motion to modify the Court's March 23, 2006, Scheduling Order. Presently, discovery closes May 31, 2006, with a joint status report due June 14, 2006 and a status conference set for July 18, 2006. The requested modification would extend the discovery date sixty (60) days and the status conference approximately thirty (30) days. Defendant recognizes that the Court has previously extended the schedule several times and would not make this request without good cause. But Defendant would now like to supplement one of its expert reports and take additional depositions as a result of information learned during discovery. The parties have been engaged in active discovery, most of which has been completed. The parties have taken written discovery and depositions and completed expert disclosures and expert depositions. However, as a result of information learned during discovery, Defendant would now like to modify its RCFC 26(a)(2) disclosures. Defendant's counsel has discussed this matter with Plaintiffs' counsel. Plaintiffs are unopposed, provided Plaintiffs have an opportunity to take further discovery and/or modify Plaintiffs' RCFC 26(a)(2) disclosures based on Defendant's modification. Accordingly, after consulting with Plaintiffs' counsel, pursuant to RCFC 6.1, Defendant respectfully requests that the Court modify the Scheduling Order as follows:

May 31, 2006

Defendant identifies and discloses expert witnesses pursuant to Rule 26(a)(2) of the Court's Rules.

June 30, 2006

Plaintiffs identify and disclose expert witnesses pursuant to Rule 26(a)(2) of the Court's Rules. 1

Case 1:98-cv-00314-EJD

Document 84

Filed 05/15/2006

Page 3 of 3

July 31, 2006 August 15, 2006

Close of discovery. Post-discovery joint status report due.

Dated: May 15, 2006 Respectfully submitted, /s/ Alex Kriegsman ALEX KRIEGSMAN Natural Resources Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-3022 Fax: (202) 305-0506

LTC MICHAEL D. GRAHAM Litigation Attorney U.S. Army Environmental Law Division 901 N. Stuart Street, Suite 400 Arlington, VA 22203-1837 Tel: (703) 696-1596 Fax: (703) 696-2940 DENNIS DAUGHERTY Attorney Department of the Interior Office of the Solicitor Division of Mineral Resources Branch of Onshore Minerals 1849 C St., N.W., Rm 6312 Washington, DC 20240 Tel: (202) 208-5038 Fax: (202) 208-2225 ATTORNEYS FOR DEFENDANT