Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

Document 166

Filed 09/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 03-289C (Judge Allegra)

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF DISCOVERY DEADLINES Pursuant to Rules 6 and 6.1 of the Court's Rules, defendant, the United States, respectfully requests the Court to further enlarge all remaining discovery deadlines in this case by approximately 30 days. We list the specific requested dates below. Frank L. Broyles, counsel for plaintiff, United Medical Supply Company, Inc., states that plaintiff does not oppose this motion. We request this general enlargement due to the death of Pamela S. Varner, a senior employee of the Department of Defense, Office of the Inspector General, who was integral to the Government's analysis and production of electronic data concerning credit card purchases. See J. Johnson & Dan Morse, Calvert Woman Is Held In The Death of Her Mother, Wash. Post, Sept. 21, 2007, at B2. Although the parties continue to make significant progress toward completing discovery ­ e.g., plaintiff has conducted five depositions since September 17, 2007, and is expected to take two or three more within the next 10 to 14 days ­ Ms. Varner's passing will delay, to some extent not yet fully known, the Government's supplementation of its initial response to one of plaintiff's final pending interrogatories. Plaintiff may wish to take additional depositions after it receives and reviews that response. The parties will make every effort to

Case 1:03-cv-00289-FMA

Document 166

Filed 09/24/2007

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complete discovery within the enlarged deadlines, but we respectfully advise the Court that the degree to which this wholly unexpected loss may affect this case remains uncertain at this time. CONCLUSION Accordingly, we respectfully request the Court to enlarge the remaining discovery deadlines in this case as follows. (Dates are in 2007 unless noted.) Event Close of fact discovery Plaintiff's fee request Expert reports and response to fee request Rebuttal expert reports Close of expert discovery Joint status report Current date September 27 October 9 Requested date October 26 November 9

November 1 November 15 January 2, 2008 January 15, 2008

December 3 December 17 February 1, 2008 February 15, 2008

Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/Jeanne E. Davidson JEANNE E. DAVIDSON Director

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Case 1:03-cv-00289-FMA

Document 166

Filed 09/24/2007

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OF COUNSEL: MICHAEL McGLINCHEY Trial Attorney Defense Supply Center Philadelphia

s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant

September 24, 2007

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Case 1:03-cv-00289-FMA

Document 166

Filed 09/24/2007

Page 4 of 4

CERTIFICATE OF FILING I certify that on September 24, 2007, this document was filed electronically. I understand that service is complete upon filing and that parties may access this filing through the Court's electronic system.

s/Kyle Chadwick

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