Free Order - District Court of Federal Claims - federal

Case 1:95-cv-00524-GWM

Document 358

Filed 03/13/2007

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In the United States Court of Federal Claims
______________________________ ) HOMER J. HOLLAND, ) HOWARD R. ROSS, AND ) FIRST BANK, ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________)

No. 95-524C Filed March 13, 2007

PROPOSED SCHEDULING ORDER Having reviewed the parties' proposed schedules for further proceedings in this case, filed March 12, 2007, the Court promulgates this "Proposed Scheduling Order" for the parties' consideration in advance of the telephonic status conference scheduled for March 19, 2007. The Court's proposed schedule assumes, without deciding, that defendant is granted leave to file an amended answer and counterclaim as described in defendant's March 12 filing and that plaintiffs are granted leave to submit a revised calculation of damages and a supplemental damages analysis as described in plaintiffs' March 12 filing. If those assumptions turn out to be incorrect, then the Court's proposed schedule would have to be modified accordingly. Subject to the foregoing, the Court proposes the following schedule: 1) Court grants defendant's motion for leave to file amended answer and counterclaim by Thursday, April 19, 2007. Plaintiffs respond to defendant's amended answer and counterclaim by Thursday, May 3, 2007. Plaintiffs submit Dr. Holland's supplemental expert report by Monday, April 30, 2007.

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Case 1:95-cv-00524-GWM

Document 358

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Defendant takes deposition of Dr. Holland by Friday, June 29, 2007. (This period--nearly all of May and June­is proposed in order to accommodate the obligations of defendant's counsel of record in the Astoria case.) Defendant submits opposition expert report(s) by Monday, July 30, 2007. Plaintiffs take deposition(s) of defendant's expert(s) by Thursday, August 30, 2007. Parties participate in preliminary pretrial conference on Tuesday, September 4, 2007, at the National Courts Building to discuss the terms of an order governing procedures and logistics relating to conduct of trial. Parties confer and make the exchanges required by paragraph 13 of Appendix A (preliminary witness lists and exhibits) by Tuesday, September 11, 2007. Plaintiffs file Memorandum of Contentions of Fact and Law, final witness list, and exhibit list by Tuesday, September 25, 2007. Defendant files Memorandum of Contentions of Fact and Law, final witness list, and exhibit list by Monday, October 22, 2007. Parties file motions in limine and any objections to witnesses or exhibits that can be made in advance of trial by Monday, November 5, 2007. Parties file responses to motions in limine and objections by Thursday, November 15, 2007. Parties file replies in support of motions in limine and objections by Thursday, November 29, 2007. Final pretrial conference and oral argument on motions in limine and objections to witnesses and exhibits at the National Courts Building on Thursday, December 6, 2007. Trial at National Courts Building beginning December 10, 2007 and continuing through December 21; recess from December 24 through

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Case 1:95-cv-00524-GWM

Document 358

Filed 03/13/2007

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January 1, 2008; continuing from January 2 through January 18, 2008 (23 trial days). s/ George W. Miller GEORGE W. MILLER Judge