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

Case 1:96-cv-00408-LAS

Document 154

Filed 01/28/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INNOVAIR AVIATION LIMITED, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 96-408C (Judge Smith)

DEFENDANT'S REQUEST TO MODIFY THE POST-TRIAL BRIEFING SCHEDULE Defendant respectfully requests that the Court modify the post-trial briefing schedule, by extending the date for the Government to file its post-trial brief from February 4, 2008, until March 3, 2008, and by extending the date for the filing of plaintiff's post-trial reply brief by approximately one month and extending the date for the parties' oral argument by at least three weeks after plaintiff has filed its post-trial reply brief. Defendant's counsel contacted plaintiff's counsel who represented that plaintiff will oppose this request for enlargement.1 Defendant requests this additional time so that counsel for the Government can attend to other matters before the Court of Appeals for the Federal Circuit and this Court while working on the Government's post-trial brief in this case. The Government's counsel of record has been the attorney of record for the past nine years in another matter, Rose Acre Farms, Inc. v. United States, No. 2007-5169 (Fed. Cir.), that is currently before the Court of Appeals for the Federal Circuit. During the past three weeks, she has worked closely with the Office of the Solicitor General in connection with the appeal of that matter. Counsel for the Government has been

Counsel for the Government contacted one of plaintiff's attorneys who stated that plaintiff would not oppose granting the Government a two-week enlargement of time and indicated that the plaintiff would probably seek an additional week to file the plaintiff's reply brief.

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Case 1:96-cv-00408-LAS

Document 154

Filed 01/28/2008

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informed that she must continue to make herself available to assist the Department of Justice Solicitor General's office, the Civil Appellate office, and this office in the preparation of the Government's Rose Acre appeal brief that is due on February 15, 2008. Because counsel for the Government in this case is the only person at DOJ who is knowledgeable about the Rose Acre case, she must make herself available to the other attorneys at DOJ working on the appeal and she will be unable to devote the requisite amount of time to the preparation of the Government's post-trial brief in this case. Plaintiff's suggestion that the Court grant the Government a twoweek enlargement of time, until February 19, 2008, to file its post-trial brief does not give the Government's counsel of record enough time to devote to the filing of the Rose Acre brief which is due on February 15, 2008, and the preparation of the Government's post-trial brief in this case. In addition, counsel for the Government is required to complete discovery, which is scheduled to close by February 29, 2008, in Ag-Innovations, et al. v. United States, No. 05-776C (Fed. Cl.). She anticipates that she will need to take two additional depositions in connection with that matter by the end of February. For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

/s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

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Case 1:96-cv-00408-LAS

Document 154

Filed 01/28/2008

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/s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8278 Attorneys for Defendant JANUARY 28, 2008

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Case 1:96-cv-00408-LAS

Document 154

Filed 01/28/2008

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CERTIFICATE OF FILING I hereby certify that on this 28th day of JANUARY, 2008, a copy of this "DEFENDANT'S REQUEST TO MODIFY THE POST-TRIAL BRIEFING SCHEDULE" was filed e1ectronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing, through the Court's system.

/s/ Sheryl L. Floyd