Free Proposed Pretrial Order - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 98

Filed 09/05/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALFRED ALOISI, et al., Plaintiffs v. UNITED STATES OF AMERICA, Defendant.

) ) ) ) ) ) ) ) ) )

No. 95-650L Hon. Lawrence S. Margolis

JOINT PROPOSED SCHEDULING ORDER On June 13, 2007, the parties jointly proposed a scheduling order in advance of the telephonic scheduling conference held on June 19, 2007. Under that June 13, 2007 proposed schedule, the parties contemplated taking expedited discovery leading to motions practice, with a trial on any remaining issues to be held on November 5-16, 2007. After the June 19, 2007 scheduling conference, the Court took the parties' proposed schedule under advisement, but no scheduling order issued. Nevertheless, the parties attempted to adhere to the proposed schedule, but soon fell behind due mainly to a death in Plaintiffs' counsel's immediate family. Accordingly, the parties agree that the previously-suggested pre-trial and trial dates are no longer feasible. Although the parties share the Court's desire to see this matter progress expeditiously, the parties also agree that certain issues may be clarified, or resolved completely, by dispositive motions. The parties agree that the Court's resolution of these issues could significantly conserve judicial resources by limiting unnecessary trial evidence and also help the parties focus more clearly on issues that are actually in dispute. The parties, therefore, hereby propose the attached scheduling order. For the Court's convenience, below is a chart showing the prior due dates and the proposed dates for the corresponding events:

Case 1:95-cv-00650-LSM

Document 98

Filed 09/05/2007

Page 2 of 3

Event

Date of Completion as Proposed on June 13, 2007 July 25, 2007

Proposed New Date of Completion September 12, 2007

Last date for the parties to propound written discovery Parties shall complete all written discovery and any requested document production Parties shall complete all fact witness depositions Due date for any dispositive motions Due date for responses to any dispositive motions Due date for replies in support of any dispositive motions Argument on any dispositive motions

August 24, 2007

October 5, 20071/

September 7, 2007

October 26, 2007

August 17, 2007 September 14, 2007

November 5, 2007 December 3, 2007

September 28, 2007

December 17, 2007

None scheduled

January 14, 2008 (time to be determined)

Under the proposed schedule, the parties contemplate that, after ruling on dispositive motions, the parties will propose a schedule for remaining events, including expert reports and expert discovery, leading to trial on any remaining issues. Although this Joint Proposed Scheduling Order is being filed electronically by counsel for the United States, it was reviewed and approved by, and is being filed on behalf of, counsel for all parties to the case. Service is being accomplished through the electronic notification system of this Court. The United States propounded a Second Set of Interrogatories and Requests for Production of Documents on July 31, 2007. Plaintiffs' response to that discovery shall be due on September 14, 2007. -21/

Case 1:95-cv-00650-LSM

Document 98

Filed 09/05/2007

Page 3 of 3

Dated: September 5, 2007

Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division s/ Bruce K. Trauben ______________________________________ BRUCE K. TRAUBEN Natural Resources Section Environment and Natural Resources Division U. S. Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 (ph) (202) 305-0267 (fax) Attorney for Defendant

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