Free Order - District Court of Federal Claims - federal

Case 1:95-cv-00524-GWM

Document 357

Filed 03/13/2007

Page 1 of 2

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

No. 95-524C Filed March 13, 2007

ORDER The Court has reviewed "Defendant's Proposed Schedule" filed March 12, 2007. Defendant indicates therein that it intends to file a motion for leave to file an amended answer in order to assert a counterclaim based on "plaintiffs' breach of [the] covenant not to sue" described in the Court's opinion and order filed February 20, 2007. In light of the desirability of resolving such a motion before counsel of record for defendant begins trial in the Astoria case on April 19, 2007, the Court does hereby ORDER that defendant shall file and serve its motion for leave to file an amended answer in order to assert a counterclaim, together with its proposed amended answer and counterclaim, by Tuesday, March 20, 2007; plaintiffs shall file and serve their response by Tuesday, April 3, 2007; and defendant shall file and serve its reply by Tuesday, April 10, 2007. The Court has also reviewed "Plaintiffs' Proposed Schedule for Further Proceedings" filed March 12, 2007. Plaintiffs indicate that they will seek leave to revise their existing damages claims and "to submit a supplemental damages analysis to recover mitigation damages [pursuant to] an analysis that the Federal Circuit has endorsed since Plaintiffs' experts last presented any damages calculations in this case." In view of the desirability of also resolving these matters before April 19, 2007, the Court does hereby FURTHER ORDER that plaintiffs' shall file and serve a motion for leave to revise their existing damages claims and to submit a

Case 1:95-cv-00524-GWM

Document 357

Filed 03/13/2007

Page 2 of 2

supplemental damages analysis by Tuesday, March 20, 2007; defendant shall file and serve its response by Tuesday, April 3, 2007, and plaintiffs shall file and serve their reply by Tuesday, April 10, 2007.

IT IS SO ORDERED.

s/ George W. Miller GEORGE W. MILLER Judge

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