Free Response to Order to Show Cause - District Court of Federal Claims - federal

Case 1:04-cv-00461-BAF

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Filed 06/24/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CADDELL CONSTRUCTION CO., INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 04-461C (Judge Diane Gilbert Sypolt)

RESPONSE TO ORDER TO SHOW CAUSE COMES NOW Plaintiff, Caddell Construction Co., Inc., and responds to this Court's Order of June 21, 2004, as follows: 1. Counsel for plaintiff apologizes to the Court for missing

the required deadlines and appeals to the mercy of the Court to allow plaintiff additional time to bring itself into compliance with the Court's procedures because the failure to meet the

required deadlines was due to inadvertence and mistake on the part of plaintiff's undersigned counsel and not due to any willful neglect as set forth in more detail below. 2. As indicated by Exhibit "A" attached hereto and made a

part hereof, David W. Mockbee, attorney for plaintiff, obtained a CM/ECF Account on June 16, 2004. This Court's June 21, 2004 Order

does not reflect this correct date. 3. Plaintiff's counsel now realizes that he erroneously

believed that this case would be governed by Appendix "A" and that
MockbeeD\pld\44600035.Response to Order to Show Cause

Case 1:04-cv-00461-BAF

Document 11

Filed 06/24/2004

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the CM/ECF Account did not have to be obtained before defendant's answer was originally due on June 16, 2004 --- being the date the account was obtained. 4. Plaintiff's counsel has no record of receipt of the

May 12, 2004 Chambers Procedure or the Court's May 14, 2004 Order referenced in the Court's June 21, 2004 Order. 5. As a result, until receipt that he of the June 21 Order, in

plaintiff's

counsel

believed

was

acting

timely

accordance with Appendix "A," paragraph II, and awaiting receipt of defendant's answer to the complaint to trigger the deadlines for the early meeting and the filing of initial disclosures. 6. Plaintiff's counsel, now having obtained a copy of the

May 12, 2004 Chambers Procedures, is aware that he did not comply with the dates for the early meeting of counsel and the filing of initial disclosures and requests that he be allowed additional time to conduct the early meeting and make its initial disclosures. 7. Plaintiff's counsel further respectfully submits that

dismissal would be inappropriate in this case and that additional time should be granted since plaintiff's counsel has cooperated with defendant's counsel in granting him two (2) extensions of time to respond to the Complaint and, as a result, there has been no prejudice. To date the United States has not answered so early

meeting of counsel and initial disclosure and requests prior to this date would have been premature.
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Case 1:04-cv-00461-BAF

Document 11

Filed 06/24/2004

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WHEREFORE, plaintiff respectfully submits that it has shown cause why it has not violated Rule 41(b) and, therefore, this case should not be dismissed and that plaintiff should be granted additional time to conduct the early meeting of counsel and to file its initial disclosures. Respectfully submitted,

s/David W. Mockbee MOCKBEE HALL & DRAKE, P.A. The Lamar Life Building, Tenth Floor 317 East Capitol Street Jackson, MS 39201 Telephone: 601-353-0035 Facsimile: 601-353-0045 Attorney for Plaintiff June 24, 2004

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