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

Case 1:03-cv-02771-MBH

Document 18

Filed 01/14/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

RONALD ADAMS CONTRACTOR, INC. )

Plaintiff
No. 03- 2771C (Judge Horn)

THE UNITED STATES

Defendant

AGREED MOTION TO

STAY

AND EXTEND DISCOVERY

Ronald Adams Contractor, Inc. (" Adams ), Plaintiff in the above styled and numbered

cause , moves this Court for a ninety (90) day stay and extension of discovery, and in support of

the Motion , Adams would show unto the Court the following:

This action was fied in December, 2003 by Adams seeking additional compensation on a
United States Ary Corps of Engineers ' Project near New Orleans , Louisiana.

This Court previously entered a Scheduling Order which set a discovery deadline of
January 14 ,

2005.

Counsel for Adams and the Governent had been coordinating the depositions of both
parties to be taken during January, 2005.

The President of Adams , and the primary decision maker within Adams , is Mr. Ronald

Adams. During December and January, Mr. Ronald Adams has developed health problems
which preclude his active participation in discovery and preparation for discovery.

Case 1:03-cv-02771-MBH

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Without the paricipation of Mr. Ronald Adams , counsel for Adams cannot adequately
prepare for depositions of witnesses designated by the Corps of Engineers , nor can counsel for
Adams prepare and present Mr. Ronald Adams for deposition by counsel for the Governent.

Counsel for the Governent has been advised of these developments , and counsel for the

Governent has no objection to the granting of this Motion.
WHEREFORE , Ronald Adams Contractor,
Inc.

, Plaintiff, moves this Cour for a ninety

(90) day stay and extension of discovery, with Adams to report within said ninety (90) days
concernng the ability of Mr. Ronald Adams to engage and participate in discovery.

Respectfully submitted

RONALD ADAMS CONTRACTOR , INC.

PHIL B. ABERNTHY Post Office Box 22567 Jackson , Mississippi 39225- 2567 (601) 985- 4536

ITS ATTORNY
OF COUNSEL:

Butler, Snow , O' Mara , Stevens & Canada, PLLC AmSouth Plaza , 17th Floor 210 East Capitol Street Jackson , MS 39201 (601) 948- 5711

Case 1:03-cv-02771-MBH

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CERTIFICATE OF SERVICE
I certify that I have this day served a tre
and correct

copy of the above and foregoing

Agreed Motion to Stay Discovery upon 1. Reid Prouty, Attorney for Defendant , by having same

mailed via U. S. mail to his usual address at Commercial Litigation Branch ,
Deparent of Justice ,
C. 20530.
THIS , the
ay of Januar, 2005.

Civil Division

Att: Classification Unit, 8th Floor, 1100 L. Street , N.

, Washigton , D.

PHIL B. ABERNTHY

JACKSON I002833vl