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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