Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:07-cv-00218-NBF

Document 31

Filed 02/29/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS GREAT LAKES DREDGE & DOCK CO., LLC, et al., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-218C (Judge Firestone)

DEFENDANT'S MOTION TO AMEND DISCOVERY SCHEDULE Defendant respectfully requests to amend the discovery schedule in this case. In its December 13, 2008 scheduling order, the Court directed that all discovery, including expert discovery, close by March 3, 2008. Defendant respectfully requests to amend the schedule for purposes of expert discovery only in the following fashion: Defendant's Expert Report April 4, 2008

The parties exchanged written discovery on February 8, 2008 and have only recently exchanged the responsive documents. The defendant's designated expert witness needs additional time to prepare the materials and prepare a report. Plaintiff's counsel is in trial this week and has been understandably unreachable for the purpose of granting consent, but both parties discussed the extension generally. To the extent that plaintiff may wish to depose defendant's expert and designate its own expert, whom defendant would then like to be able to depose on that expert report, as well as provide a rebuttal report, if necessary, defendant proposes that the Court grant the parties leave

Case 1:07-cv-00218-NBF

Document 31

Filed 02/29/2008

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to file an additional amendment dealing with expert discovery by April 18, 2008, addressing those matters. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Donald E. Kinner DONALD E. KINNER Assistant Director

s/Armando A. Rodriguez-Feo ARMANDO A. RODRIGUEZ-FEO 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) 307-3390 Fax: (202) 514-8624 Attorneys for Defendant

February 29, 2008

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Case 1:07-cv-00218-NBF

Document 31

Filed 02/29/2008

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CERTIFICATE OF FILING

I hereby certify that on this 29th day of February, 2008, a copy of the foregoing "DEFENDANT'S MOTION TO AMEND DISCOVERY SCHEDULE" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Armando Rodriguez-Feo