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

Case 1:07-cv-00271-RHH Document 37-3 Case 1:07-cv-00273-MCW Document 37

Filed 12/13/2007 Filed 01/31/2008

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In the United States Court of Federal Claims
No. 07-273L (Filed December 13, 2007) **************************** STEPHEN J. ROGERS, et al., Plaintiffs, v. THE UNITED STATES, Defendant. * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * * * * ** * * * * ______________________________________________________________________________ ORDER GRANTING DEFENDANT'S MOTION FOR RELIEF PURSUANT TO RCFC 56(f) ______________________________________________________________________________ Upon consideration of Defendant's motion for relief pursuant to RCFC 56(f), Plaintiffs' response thereto and the entire record herein, it is hereby ordered that Defendant's motion is GRANTED. The Court orders the following: 1. Both parties may commence discovery as to liability immediately. Absent further order of the Court said discovery period shall end on April 30, 2008; Plaintiffs' motion for partial summary judgment is STAYED pending completion of discovery on liability; Defendant's Motion to Strike, or, in the Alternative, to Stay Plaintiffs' Motion for Summary Judgment and Defendant's Motion to Approve Proposed Schedule are DISMISSED as moot; Defendant's response to Plaintiffs' motion for partial summary judgment is due on May 29, 2008; Plaintiffs' reply is due on June 20, 2008;

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Case 1:07-cv-00271-RHH Document 37-3 Case 1:07-cv-00273-MCW Document 37

Filed 12/13/2007 Filed 01/31/2008

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The status conference scheduled for December 17, 2007, is cancelled. The Court will conduct a telephonic conference on February 15, 2008 at 11:30 a.m., EST.

s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge