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

Case 1:95-cv-00650-LSM

Document 102

Filed 11/16/2007

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

JOINT MOTION TO MODIFY THE SCHEDULING ORDER On October 25, 2007, the Court issued a Scheduling Order, setting deadlines for fact discovery, dispositive motions practice and a proposed date for oral argument. As of the close of discovery, November 9, 2007, the parties have nearly completed fact discovery. They have exchanged written discovery and, between them, have deposed six witnesses during the week of October 29, 2007, in Yreka, California. An additional deposition is scheduled for November 16, 2007, and at least one deposition remains to be scheduled. Rather than formally extend the deadline for fact discovery, however, the parties have agreed to schedule depositions out of time, provided the Court agrees with that procedure. Additionally, counsel for the parties believe that it would be more efficient, and avoid duplicative filings of exhibits, if they file by December 7, 2007 a Joint Statement of Facts and a Joint Appendix. While the parties contemplate filing a Joint Statement of Facts and a Joint Appendix of exhibits, they agree that neither side would be precluded from identifying additional facts or filing additional exhibits in support of their respective motions, although the parties will use their best efforts to minimize the number of additional exhibits each might file. The parties contemplate filing a Joint Appendix that spans several volumes and, therefore, request that the Court permit them to file an original and two copies with the Clerk's Office on paper only, rather than electronically.

Case 1:95-cv-00650-LSM

Document 102

Filed 11/16/2007

Page 2 of 2

To accommodate the filing of a Joint Statement of Facts and Joint Appendix, the due dates for dispositive motions practice need to be modified accordingly. Attached is a Proposed Scheduling Order identifying new due dates, and suggesting that oral argument be held during the week of February 25, 2008. Although this Joint Motion to Modify the 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: November 16, 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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Case 1:95-cv-00650-LSM

Document 102-2

Filed 11/16/2007

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: November ___, 2007)

SCHEDULING ORDER (PROPOSED) Upon consideration of the parties= Joint Motion to Modify the Scheduling Order, filed November 16, 2007, 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 Oct. 25, 2007 Order Oct. 5, 2007 New Date of Completion Completed (except for any supplemental discovery responses and production of documents) Completed Nov. 16, 2007 (except the parties may agree to take additional depositions out of time, as they deem necessary) December 7, 2007 December 21, 2007 January 22, 2008

Nov. 9, 2007 (subject to one week extension by agreement among the parties) (New) Nov. 30, 2007 Dec. 21, 2007

Parties shall file a Joint Statement of Facts and Joint Appendix 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

Jan. 14, 2008

February 8, 2008

Proposed Feb. 6, 2008

To be determined by the Court the Parties propose during the week of February 25, 2008

Case 1:95-cv-00650-LSM

Document 102-2

Filed 11/16/2007

Page 2 of 2

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 shall use their best efforts to minimize the number of additional exhibits each might file. The parties shall file an original and two copies of the Joint Appendix with the Clerk's Office on paper only, rather than electronically. 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

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