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

Case 1:96-cv-00408-LAS

Document 115

Filed 06/21/2007

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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 UNOPPOSED REQUEST TO MODIFY SCHEDULING ORDER Defendant respectfully requests that the Court modify the scheduling order dated March 12, 2007, by extending the period of time for the defendant to submit its expert reports by one week, from July 2, 2007, until July 9, 2007. Defendant's counsel contacted plaintiff's counsel who represented that plaintiff consents to this request to modify the Court's scheduling order.1 Defendant requests this additional time to allow the Government's experts adequate time to review the deposition transcripts of a number of plaintiff's expert and fact witnesses which will not be available until shortly before the currently scheduled due date (July 2, 2007) of their expert reports. Although defendant's counsel contacted plaintiff's counsel to schedule the depositions of plaintiff's expert witnesses shortly after plaintiff served its expert reports on May 1, 2007, plaintiff's experts could not make themselves available for their depositions until the middle-to-late June 2007. In addition, plaintiff's expert, Arthur Cobb, whose deposition was scheduled to occur on June 14, 2007, was required to postpone his deposition until June 19, 2007, because he had to testify at trial in another matter on June 14, 2007. As a consequence of the need to reschedule Mr. Cobb's deposition, plaintiff's counsel requested that the deposition of

In addition, plaintiff's counsel has agreed to extend by one week the time period for the Government to respond to Plaintiff's First Set of Interrogatories, which primarily deal with topics that will be addressed in the Government's expert reports.

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Case 1:96-cv-00408-LAS

Document 115

Filed 06/21/2007

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its other expert, Barbara Beyer, be rescheduled from June 19, 2007, until June 26, 2007. In addition, defendant's counsel had sought to interview or to depose a representative of one of plaintiff's former accountants, Deloitte & Touche USA LLP, since late May 2007; however, that deposition could not be scheduled until June 28, 2007. Because all of the depositions of plaintiff's expert and fact witnesses could not be scheduled until two weeks before the Government's expert reports were due, we request that the Court modify the pretrial schedule in this case by extending the due date of the Government's reports from July 2, 2007, until July 9, 2007. For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General /s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director /s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel BRIAN T. EDMUNDS 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 JUNE 21, 2007

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Case 1:96-cv-00408-LAS

Document 115

Filed 06/21/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 21st day of JUNE, 2007, a copy of this "DEFENDANT'S UNOPPOSED REQUEST TO MODIFY SCHEDULING ORDER" was filed e1ectronicaly. 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