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

Case 1:95-cv-00650-LSM

Document 111

Filed 01/04/2008

Page 1 of 2

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

PLAINTIFFS' UNOPPOSED MOTION TO MODIFY THE SCHEDULING ORDER Plaintiffs hereby respectfully move, with the consent of Defendant, to modify the Scheduling Order the Court issued on December 18, 2007, in the manner set out in the "Scheduling Order (Proposed)" attached to this motion. On December 18, 2007, the Court issued a Scheduling Order, setting deadlines for filing a Joint Statement of Facts and a Joint Appendix (December 21, 2007), and for dispositive motions (January 11, 2008). Since that order was issued, the parties have filed their Joint Appendix, and have prepared a Joint Statement of Facts, which they intend to file on Monday, January 7, 2008. As the parties noticed to the Court December 21, in lodging the Joint Appendix, the parties believed it in the best interests of the Court and the parties that they have more time to complete the Joint Statement of Facts so that it would be as useful as possible in their subsequent preparation of their respective filings set out in the schedule. Plaintiffs' counsel, due to unplanned additional work obligations in the weeks before the December 21 due date, and due to family and travel commitments the following week, was unable to devote adequate time to the joint effort of completing the Joint Statement of Facts by December 28, as noticed to the Court December 21. 1

Case 1:95-cv-00650-LSM

Document 111

Filed 01/04/2008

Page 2 of 2

The parties have continued their cooperation in completing this Joint Statement of Facts and, with over 110 statements of facts, it is nearing completion. In order that the Joint Statement of Facts and Joint Appendix may be fully and appropriately considered in their forthcoming dispositive motions, in light of the delay in filing the Joint Statement of Facts, and in the interest of the plaintiffs' opportunity properly to present their case in light of the continuing, newlyimposed work commitments of plaintiffs' counsel in other matters, plaintiffs proposed the attached scheduling changes to Defendant, and Defendant has consented to this motion. It remains the case that the parties, in filing their Joint Statement of Facts and Joint Appendix, have agreed that neither side would be precluded from identifying additional facts or filing additional exhibits in support of their respective motions, although the parties have made efforts to minimize their additional exhibits with the Joint Appendix now filed. Plaintiffs move for, and Defendant consents to, this motion to modify the Scheduling Order, and consents to the proposed modified due dates specified in the attached order. Although this Joint Motion to Modify the Scheduling Order is being filed electronically by counsel for plaintiffs, 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: January 4, 2008 Respectfully submitted,

s/ Lawrence G. McBride LAWRENCE G. MCBRIDE Foley & Lardner LLP 3000 K St., N. W., Suite 500 Washington, D.C. 20007-5143 (202) 672-5300 (ph) (202) 672-5399 (fax) Attorney for Plaintiffs

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Case 1:95-cv-00650-LSM

Document 111-2

Filed 01/04/2008

Page 1 of 2

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 (Filed: January ___, 2008)

SCHEDULING ORDER (PROPOSED) Upon consideration of Plaintiffs' Unopposed Motion to Modify the Scheduling Order, filed January 4, 2008, it is hereby ORDERED as follows: Event Parties shall complete all written discovery and any requested document production Parties shall complete all fact witness depositions Date of Completion in Dec. 18, 2007 Order Completed (except for any supplemental discovery responses) Nov. 16, 2007 (subject to parties' agreement to take additional depositions out of time) Filed December 21, 2007 December 21, 2007 January 4, 2008 January 11, 2008 February 8, 2008 January 7, 2008 January 11, 2008 February 1, 2008 February 29, 2008 New Date of Completion The parties shall supplement discovery responses and production of documents as necessary prior to any trial. The parties may agree to take additional depositions out of time, as they deem necessary

Parties shall file a Joint Appendix Parties shall file a Joint Statement of Facts Plaintiffs' Response to Motion(s) to Compel Due date for any dispositive motions Due date for Responses to any dispositive motions Due date for Replies

February 22, 2008

March 21, 2008

Case 1:95-cv-00650-LSM

Document 111-2

Filed 01/04/2008

Page 2 of 2

Event Argument on any dispositive motions

Date of Completion in Dec. 18, 2007 Order The Parties had proposed oral argument during the week of March 17, 2008

New Date of Completion To be determined by the Court the Parties propose that oral argument be held during the week of April 14, 2008

The filing of a Joint Statement of Facts and Joint Appendix does not preclude the parties from identifying additional facts or filing additional exhibits in support of their respective dispositive motions, although the parties have used the Joint Appendix to minimize the number of additional exhibits each might file. The Joint Statement of Facts shall be filed electronically. The parties shall submit a proposed pre-trial and trial schedule within ten (10) days, if necessary, after the Court resolves any dispositive motions.

___________________________________ LAWRENCE S. MARGOLIS Senior Judge, U.S. Court of Federal Claims