Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:01-cv-00642-MMS

Document 85

Filed 10/19/2006

Page 1 of 3 No. 01-642C

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
GASA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 01-642C (Judge Margaret M. Sweeney) Filed Electronically

PLAINTIFF'S UNOPPOSED MOTION TO RESOLVE OUTSTANDING DISCOVERY AND PLEADING ISSUES Plaintiff, GASA, Inc. ("GASA"), files the within Unopposed Motion to Resolve Outstanding Discovery and Pleading Issues, averring as follows: 1. On or about October 17, 2006, the Court entered an order granting Plaintiff's

Unopposed Motion for an Extension of Time to Respond to Motion for Summary Judgment. In that Order, the Court also instructed the parties to contact the Court's Judicial Assistant by no later than Friday, November 3, 2006 to schedule a status conference, which is to take place before Friday, November 3, 2006. The purpose of the status conference is to discuss Plaintiff's Motion to Re-Open Discovery and, if necessary, to revisit Plaintiff's deadline to respond to Defendant's renewed summary judgment motion. 2. However, following the Court's October 17, 2006 Order, the parties have reached

a resolution, thereby eliminating the necessity for a status conference. 3. Defendant consents to GASA taking the depositions of (1) Joseph F. Thomas,

P.E., (2) Henry A. Edwardo, (3) Michelle R. Hutfles, (4) Michael S. DiStefano, and (5) Ronald J. Dunnington. These depositions are to be taken pursuant to the RCFC at a mutually convenient time for counsel and the witness, with deference to the logistics and schedules of the witnesses. 4. GASA is to complete these five depositions by January 31, 2007.

Case 1:01-cv-00642-MMS

Document 85

Filed 10/19/2006

Page 2 of 3 No. 01-642C

5.

Defendant consents to GASA filing its response to Defendant's Renewed Motion

for Summary Judgment 30 days after the close of discovery ­ Friday, March 2, 2007.

WHEREFORE, Plaintiff, GASA, Inc., respectfully requests this Honorable Court to grant the within Motion, and issue an order consistent with the proposed Order attached hereto.

Respectfully submitted, Date: 13 October 2006 /s/ Eric G. Soller Eric G. Soller, Esquire PIETRAGALLO BOSICK & GORDON, LLP 38th Floor One Oxford Centre Pittsburgh, PA 15219 (412) 263-2000 (412 261-5295 fax Attorneys for Plaintiff, GASA, Inc.

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Case 1:01-cv-00642-MMS

Document 85

Filed 10/19/2006

Page 3 of 3 No. 01-642C

CERTIFICATE OF SERVICE I hereby certify that on October 19, 2006, I hereby certify I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send a notification of such filing to the following:

BRIAN SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530

WILLIAM A. LUBICK Army Corps of Engineers Federal Building, Suite 1813 1000 Liberty Avenue Pittsburgh, PA 15222

/s/ Eric G. Soller Eric G. Soller

Case 1:01-cv-00642-MMS

Document 85-2

Filed 10/19/2006

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
GASA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 01-642C (Judge Margaret M. Sweeney)

[PROPOSED] ORDER OF COURT AND NOW, this ______ day of ______________, 2006, upon consideration of Plaintiff's Unopposed Motion to Resolve Outstanding Discovery and Pleading Issues, it is hereby ordered that said Motion is GRANTED. Plaintiff shall conduct additional discovery limited to five depositions, which shall be completed by January 31, 2007. These deposition are to be of: (1) Joseph F. Thomas, P.E., (2) Henry A. Edwardo, (3) Michelle R. Hutfles, (4) Michael S. DiStefano, and (5) Ronald J. Dunnington. These depositions are to be taken pursuant to the RCFC at a mutually convenient time for counsel and the witness, with deference to the logistics and schedules of the witnesses. Plaintiff shall file a response to Defendant's Renewed Motion for Summary Judgment on or before Friday, March 2, 2007. Defendant shall file a reply to plaintiff's response or before Monday, April 2, 2007 (or Wednesday, May 2, 2007 in the event that Plaintiff files a cross-motion for summary judgment). BY THE COURT:

________________________________ Margaret M. Sweeney, Judge