Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:04-cv-01661-EJD

Document 29

Filed 07/26/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

KOLLMORGEN CORPORATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant, and GR DYNAMICS, LLC, Intervenor-Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-1661C Chief Judge Edward J. Damich

JOINT MOTION TO CORRECT THE COURT'S JULY 6, 2005 SCHEDULING ORDER ENTERED ON JULY 11, 2005 Plaintiff Kollmorgen Corporation, Defendant The United States of America, and Intervenor-Defendant GR Dynamics, LLC ("the Parties") hereby move for a correction to the Court's July 6, 2005 Scheduling Order entered on July 11, 2005 in this case (the "Scheduling Order"), to reflect the agreement between the Parties regarding the limitations on depositions and interrogatories as set forth in the Joint Preliminary Status Report filed with the Court on June 8, 2005. The Parties request that the Court amend the second sentence on page 1 of the Scheduling Order to provide that "each side" (rather than "each party") be allowed 60 total hours of depositions and 30 interrogatories.

1

Case 1:04-cv-01661-EJD

Document 29

Filed 07/26/2005

Page 2 of 4

Statement in Support of Motion Upon review of the Scheduling Order, Plaintiff Kollmorgen Corporation noticed an error regarding the stated agreement between the Parties as to the limitations on depositions and interrogatories. The Scheduling Order states: The parties proposed that each party be allowed 60 total hours of depositions and 30 interrogatories because they anticipate the involvement of a large number of witnesses from whom only short depositions will be needed. (Order at 1, July 6, 2005) (emphasis added). However, the Joint Preliminary Status Report, filed on June 8, 2005 in this case, states the Parties' agreed proposal as to the limitations on depositions and interrogatories as follows: The parties agree that each side shall be allowed 60 hours of depositions to use as each side deems appropriate (excluding expert and third-party depositions) . . . . * * *

The parties agree that the number of interrogatories on each side shall be increased to thirty (30) per side . . . . (Joint Preliminary Status Report at 19-20) (emphasis added). Thus, GR Dynamics and the United States, collectively, should be granted the same number of total deposition hours and the same number of interrogatories as Kollmorgen. Plaintiff Kollmorgen advised Defendant The United States of America and IntervenorDefendant GR Dynamics, LLC (collectively, "Defendants") of this error in the Court's Scheduling Order by letter dated July 15, 2005 and invited Defendants to join in a Motion to Correct. By letter dated July 18, 2005, Defendants agreed to join Plaintiff in this Motion to Correct. The Parties therefore request that the Court change "each party" to "each side" in the second sentence on page 1 of its Scheduling Order so that the limitations on depositions and

2

Case 1:04-cv-01661-EJD

Document 29

Filed 07/26/2005

Page 3 of 4

interrogatories set forth therein will reflect the Parties' agreed proposal as stated in the Joint Preliminary Status Report. Conclusion For the reasons stated above, the Parties respectfully request that this Joint Motion to Correct the Court's Scheduling Order be granted.

July 26, 2005

Respectfully submitted, s/ Andrea L. Wayda____________________ JOSEPH A. DEGIROLAMO ANDREW M. RIDDLES ANDREA L. WAYDA MORGAN & FINNEGAN, LLP 3 World Financial Center New York, New York 10281-2101 Telephone: (212) 415-8700 Facsimile: (212) 415-8701 Attorneys for Plaintiff Kollmorgen Corporation

July 26, 2005

PETER D. KEISLER Assistant Attorney General JOHN FARGO Director s/ Walter W. Brown____________________ WALTER W. BROWN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0341 Facsimile: (202) 307-0345 Attorneys for the United States 3

Case 1:04-cv-01661-EJD

Document 29

Filed 07/26/2005

Page 4 of 4

July 26, 2005

s/ Steven Pepe_________________________ JAMES E. HOPENFELD ROPES & GRAY, LLP One Metro Center 7001 12th Street, N.W., Suite 900 Washington, D.C. 20005-3948 Telephone: (202) 508-4600 Facsimile: (202) 508-4650 LAURENCE S. ROGERS STEVEN PEPE ROPES & GRAY, LLP 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 596-9000 Facsimile: (212) 596-9090 Attorneys for Intervenor-Defendant GRD, LLC

4