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

Case 1:01-cv-00201-VJW

Document 119

Filed 08/12/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CAROL AND ROBERT TESTWUIDE, et. al., ) ) Plaintiffs, ) V. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________________

No.: 01-201L

Judge Victor J. Wolski

JOINT MOTION TO REVISE SCHEDULING ORDER COME NOW the parties, by counsel, and represent to the Court that on various dates between July 22 through August 11, 2005 the parties held meet and confer conferences and agreed to move the Court to revise the remaining dates of the Scheduling Order dated June 14, 2005. The parties' request to adjust the schedule stems in part from defendant's expert local appraiser recently contracting Lyme disease, which has had a debilitating impact on his ability to work. The request also stems from the need to replace one of the plaintiffs defendant selected for inclusion in the test case. The parties disagree on when the case can be tried, a subject which will be addressed in a separate Status Report. Based on the foregoing, the parties request the following schedule: 1. Conclusion of Written Discovery. The parties shall conclude all written discovery on or by Friday, September 9, 2005. 2. Fact Witness Depositions. The parties shall conclude depositions of all fact witnesses on or by Friday, September 23, 2005. 3. Expert Witness Reports. The parties shall exchange expert witness reports on or by Friday, September 30, 2005. 4. Final Witness Lists. The parties shall exchange final expert and fact witness lists on or by Monday, October 10, 2005. 6. Expert Witness Depositions. The parties shall conclude the depositions of all expert witnesses on or by Friday, December 2, 2005. 7. Evidentiary Hearing (concerning challenges to expert testimony). The parties propose rescheduling the one-day hearing from December 8, 2005 to a day between January 11 and January 20, 2006, at the Court's discretion. 8. Dispositive Motions. The parties shall file dispositive motions on or by Friday, February 24, 2006.

Case 1:01-cv-00201-VJW

Document 119

Filed 08/12/2005

Page 2 of 2

Dated: August 12, 2005

Respectfully submitted,

/s/ Jack E. Ferrebee Jack E. Ferrebee HofheimerFerrebee. P.C. 1060 Laskin Road, Suite 12B Virginia Beach, VA 23451 Counsel for Plaintiffs

/s/ Steven D. Bryant Steven D. Bryant Environmental & Natural Resources Division United States Department of Justice 601 D Street, NW, Rm. 3205 Washington, D.C. 20004 Counsel for Defendants Of Counsel: Robert J. Smith Mary Raivel Navy Litigation Office 720 Kennon Street Washington Navy Yard, D.C. 20374

Of Counsel: Kieron F. Quinn Martin E. Wolf Quinn, Gordon & Wolf, Chtd. 102 West Pennsylvania Avenue Suite 402 Towson, Maryland 21204 (410) 825-2300 Rm. 233 [email protected] [email protected] Kristen Hofheimer Charles R. Hofheimer HofheimerFerrebee, P.C. 1060 Laskin Road, Suite 12B Virginia Beach, Virginia 23451 (757) 425-5200 [email protected] [email protected] Stephen C. Swain Thomas Shuttleworth Lawrence Woodward Shuttleworth, Ruloff, Giordano & Swain 4525 South Boulevard Suite 300 Virginia Beach, Virginia 23452 (757) 671-6000 [email protected] [email protected] [email protected]

CDR Dominick Yacono JAGC, USN Commander Navy region Mid-Atlanic, Code (00LE) 1510 Gilbert Street Norfolk, VA 23511-2737