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

Case 1:07-cv-00696-MCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS 1. 2. 3. 4. 5. 6. 7. 8. BARAHURA, BRIAN, BURICH, PETER W. CAVANAUGH, MARY ENETE, SHANNON HOWARD, CHRISTOPHER K. RODRIGUEZ, VICTOR SCHULE, WARNER SYLVIA, KYLE Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-696C (Judge Williams)

JOINT MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims, the parties respectfully request that this Court grant an enlargement of time of 60 days, to and including October 30, 2008, within which to conduct fact discovery. The current deadline for completion of fact discovery is August 30, 2008. This is our first request for an enlargement of time for this purpose. Plaintiffs' counsel has reviewed this motion, and authorizes undersigned counsel to state that plaintiffs join in this request. Additional time is necessary for the parties to conduct discovery because the parties had been involved in discussions regarding the possibility of reaching a

Case 1:07-cv-00696-MCW

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resolution to this case. The parties have determined that settlement, at this juncture, is not feasible. The parties, therefore, need more time in order to take depositions and answer discovery requests. Accordingly, we respectfully request that this Court grant the parties' unopposed motion for an enlargement of time of 60 days, to and including October 30, 2008, within which to complete fact discovery, with a corresponding enlargement of time to file dispositive motions.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

/s/Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director

/s/Jane C. Dempsey
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Of Counsel: Patrick A. Hodges Associate Counsel Western Area Counsel Office Office of the General Counsel Department of the Navy Box 555231 Camp Pendleton, CA 92055-5231 Tel: (760) 725-5168/3009

JANE C. DEMPSEY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., NW Washington, D.C. 20530 Tel: (202) 353-0897 Fax: (202) 307-0972

August 19, 2008

Attorneys for Defendant

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Case 1:07-cv-00696-MCW

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CERTIFICATE OF FILING I hereby certify that on this 19th day of August 2008, a copy of the foregoing "JOINT MOTION FOR ENLARGEMENT OF TIME" was served by electronic delivery to:

David Ricksecker Woodley & McGillivary 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005

/s/Jane C. Dempsey