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

Case 1:03-cv-02673-EJD

Document 64

Filed 10/26/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ALLIED OIL & SUPPLY, INC., Plaintiff, v. THE UNITED STATES, Defendant, and WARREN DISTRIBUTION, INC., Third-Party Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 03-2673C (Judge Damich)

JOINT MOTION TO SUSPEND EXPERT DISCOVERY PENDING SETTLEMENT DISCUSSIONS COMES NOW Plaintiff Allied Oil and Supply, Inc., Third-Party Defendant Warren Distribution, Inc. (" Warren" and Defendant The United States of America (collectively the ), " Parties" pursuant to Rule 6.1 of the Rules of the Court of Federal Claims, and respectfully ) request that the Court suspend the preparation of expert disclosures and the conducting of expert discovery pending settlement discussions. In support of this Joint Motion, the Parties state as follows: 1. On October 16, 2006, the Court ordered that the parties are to provide a joint

proposed discovery schedule relating to expert discovery by October 20, 2006. 2. On October 20, 2006, the Court granted Warren' Unopposed Motion to extend s

the deadline for proposing an expert discovery schedule until October 27, 2006. 3. As noted in Warren' Unopposed Motion which was filed on October 20, 2007, s

the parties have discussed the possibility of entering into settlement discussions during the
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Case 1:03-cv-02673-EJD

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months of November and December. 4. Counsel for the parties have discussed the issue of entering into settlement

discussions with their clients and have determined now is an appropriate time to engage in settlement discussions. 5. The Parties further believe the time and expense associated with preparing expert

disclosures and conducting expert discovery would hinder settlement discussions. 6. The Parties therefore request that this Court suspend expert discovery until no

later than January 15, 2007 so that the Parties may discuss settlement. 7. If the parties have not been able to settle the case by January 15, 2007, and do not

believe that further efforts at settlement would be productive, the Parties will submit a proposed schedule for expert disclosures and expert discovery on or before January 15, 2007. 8. If the Parties feel they are very close to resolving the case, but believe they will

need some additional time beyond January 15, 2007 to continue settlement discussions, the Parties will so advise the Court and request the additional time on or before January 15, 2007 to complete the settlement discussions. WHEREFORE, the Parties respectfully request that the Court suspend the preparation of expert disclosures and the conducting of expert discovery until no later than January 15, 2007 for the parties to discuss settling this case.

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Respectfully submitted, PETER D. KEISLER. Assistant Attorney General DAVID M. COHEN Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Dennis J. Moynihan by Brian C. Buescher DENNIS J. MOYNIHAN KUTAK ROCK, LLP 1650 Farnam Street Omaha, NE 68102-2186 Attorney for Third-Party Defendant s/Brian D. Nolan by Susan L. Stryker BRIAN D. NOLAN NOLAN, OLSON, HANSEN & LAUGHTENBAUGH 1905 Harney St. Ste. 800 Omaha, NE 68102 Attorney for Plaintiff October 26, 2006 s/ Michael Dierberg MICHAEL DIERBERG Trial Attorney Department of Justice Civil Division Commercial Litigation Branch 1100 L. Street, NW Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 305-7562 Fax: (202) 305-7643 Attorneys for Defendant

CERTIFICATE OF SERVICE I hereby certify that on this 26th day of October, 2006, a copy of the foregoing JOINT MOTION TO SUSPEND EXPERT DISCOVERY PENDING SETTLEMENT DISCUSSIONS was filed electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ Dennis J. Moynihan by Brian C. Buescher

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