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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