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

Case 1:95-cv-00650-LSM

Document 96

Filed 06/13/2007

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

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

JOINT PROPOSED SCHEDULING ORDER Pursuant to the Court's request during a May 23, 2007 status conference, counsel for the parties jointly submit the attached proposed Scheduling Order, in advance of the telephonic scheduling conference to be held on June 19, 2007 at 11:00 a.m. Eastern. 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. Dated: June 13, 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

Case 1:95-cv-00650-LSM

Document 96-2

Filed 06/13/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

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

SCHEDULING ORDER Upon consideration of the parties' Joint Proposed Scheduling Order, filed June 13, 2007, and the scheduling conference held June 19, 2007, it is hereby ORDERED as follows: Event Parties shall respond or serve supplemental responses to prior discovery Last date for either side to propound written discovery Parties shall exchange Preliminary Witness and Exhibit Lists2/ Plaintiffs shall transmit any Expert Reports, in accordance with RCFC 26 Due date for any dispositive motions Defendant shall transmit any Expert Reports, in accordance with RCFC 26 Date of Completion1/ July 18, 2007 July 25, 2007 August 3, 2007 August 7, 2007 August 17, 2007 August 24, 2007

Service of any discovery requests and responses (excepting any documents to be produced) must be served by fax and email to the counsel of record. The parties agree that responses to written discovery must be transmitted within 30 days from the date of service of the requests. The parties agree that the witnesses and exhibits contained in the parties' Final Witness and Exhibit List must have been identified in the parties' Preliminary Witness and Exhibit List unless good cause is provided for the omission. The parties recognize that, because discovery will be continuing after the exchange of preliminary lists, newly discovered information may be good cause for amendment of the lists. If a party's Final Witness List contains a previouslyunidentified witness and good cause is shown for his/her omission from the Preliminary Witness List, counsel for the other side shall be provided a reasonable opportunity to depose that witness prior to trial.
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Case 1:95-cv-00650-LSM

Document 96-2

Filed 06/13/2007

Page 2 of 2

Parties shall complete all written discovery and any requested document production Plaintiffs may transmit any rebuttal Expert Report, if desired Parties shall complete all fact witness depositions and expert depositions Due date for responses to any dispositive motions Plaintiffs shall file Pre-Trial Memorandum and Final Witness and Exhibit List, in accordance with Appendix A of the Court of Federal Claims Due date for replies in support of any dispositive motions Defendant shall file Pre-Trial Memorandum and Final Witness and Exhibit List, in accordance with Appendix A of the Court of Federal Claims Motions in Limine Due Response to Motions in Limine Due Final Pre-Trial Conference (Washington, D.C.) Trial (location to be determined)

August 24, 2007 August 31, 2007 September 7, 2007 September 14, 2007 September 17, 2007

September 28, 2007 October 1, 2007

October 15, 2007 October 22, 2007 October 29, 2007 November 5-16, 2007

The parties may extend any dates by mutual agreement so long as the agreed-upon extension does not interfere with the due dates for the pre-trial memoranda, motions in limine, pre-trial conference, or the trial. The Court's Orders of October 6, 1999, and May 21, 2002, requiring quarterly status reports, are hereby VACATED.

SO ORDERED, this ____ day of ______________, 2007.

__________________________________ Lawrence S. Margolis, Judge

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