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

Case 1:95-cv-00650-LSM

Document 100

Filed 10/22/2007

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 September 6, 2007, the Court issued a Scheduling Order in this action, setting deadlines for fact discovery, dispositive motions practice and oral argument. The parties have propounded and responded to written discovery, and are in the process of following up to resolve any outstanding issues. Depositions of six individuals and one corporate designee are scheduled for the week of October 29, 2007, through November 2, 2007, in Yreka, California, and additional depositions remain to be scheduled. Currently, dispositive motions are due on Monday, November 5, 2007. To permit the parties to wind up written discovery, including production of documents, and complete fact depositions, the parties jointly and respectfully request that the Court modify the Scheduling Order according to the proposed order attached. Additionally, agency counsel for the U.S. Department of Agriculture who has been involved in this matter since its inception, is now scheduled to have major surgery on November 2, 2007. Defense counsel, therefore, also hopes that the proposed modifications to the schedule will provide sufficient time to have the assistance of agency counsel prior to filing any dispositive motion. 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.

Case 1:95-cv-00650-LSM

Document 100

Filed 10/22/2007

Page 2 of 2

Dated: October 22, 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 100-2

Filed 10/22/2007

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

SCHEDULING ORDER (PROPOSED) Upon consideration of the parties= Joint Motion to Modify the Scheduling Order, filed October 22, 2007, it is hereby ORDERED as follows: Event Date of Completion in Sept. 6, 2007 Order Sept. 12, 2007 New Date of Completion

Last date for the parties to propound written discovery Parties shall complete all written discovery and any requested document production Parties shall complete all fact witness depositions 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

Completed

Oct. 5, 2007

Completed (except for any outstanding issues relating to the parties' written discovery) November 9, 2007 November 30, 2007 December 21, 2007

Oct. 26, 2007 Nov. 5, 2007 Dec. 3, 2007

Dec. 17, 2007

January 14, 2007

Jan. 16, 2008, 2:30 p.m.

Proposed February 6, 2008 (date and time to be determined by the Court)

Case 1:95-cv-00650-LSM

Document 100-2

Filed 10/22/2007

Page 2 of 2

Other than the dates set for dispositive motions practice and oral argument, the parties may agree to modify the scheduled discovery dates by up to one week, without seeking prior approval from the Court. The parties shall submit a proposed pre-trial and trial schedule within ten (10) days after the Court resolves any dispositive motions. SO ORDERED this ____ day of _____________________, 2007.

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