WAKA LLC v. DCKICKBALL et al

Filing 26

WAKA LLC v. DCKICKBALL et al

Doc. 26

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) Plaintiff-Counterclaim Defendant, ) ) ) v. ) Civil Action No. 1:06cv00984 EGS ) ) DC KICKBALL, ) ) and ) ) CARTER RABASA, Individually ) ) ) Defendants-Counterclaim Plaintiffs. ) ) ) JOINT MOTION TO MODIFY SCHEDULING ORDER TO EXTEND REBUTTAL EXPERT REPORT DEADLINE WAKA, LLC, Plaintiff-Counterclaim Defendant WAKA, LLC ("Plaintiff"), and DefendantCounterclaim Plaintiffs DC Kickball and Carter Rabasa (collectively "Defendants"), jointly request the Court to modify the Amended Scheduling and Magistrate Referral Order ("Scheduling Order") dated October 10, 2007 to extend the deadline for rebuttal expert reports, and would respectfully show unto the Court as follows: I. On August 3, 2007, Plaintiff designated Stan V. Smith, Ph.D., as a trial expert respecting Plaintiff's damage claims. Plaintiff has provided Defendants with a copy of Mr. Smith's report, but has not disclosed certain financial information and documents reviewed and/or relied upon by Mr. Smith. Plaintiff maintains that such information is proprietary and confidential, and will not disclose this information without a protective

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order. Plaintiff's counsel forwarded a proposed protective order to Defendants on August 3, 2007, along with Mr. Smith's report. regarding the entry of a protective order. II. Under the current Scheduling Order, the deadline for providing reports of rebuttal experts is September 3, 2007. Defendants have requested that Plaintiff make its damages expert available for deposition, but without an opportunity to cross examine Plaintiff's damages expert regarding the financial information and documents his opinions are based on, Defendants cannot develop information necessary to obtain a rebuttal expert report. III. In order to address this situation, the Parties jointly request that the Court extend the rebuttal expert report deadline in the Scheduling Order from September 3, 2007 until September 25, 2007. This extension will provide the Parties with additional time to reach an agreement regarding the protective order, or if no agreement can be reached, to submit the matter to the Court for resolution, while still providing Defendants with sufficient time to develop the information necessary to obtain a rebuttal expert report. Respectfully submitted, DATED: August 22, 2007 DUNLAP, GRUBB & WEAVER P.C. By: /s/ Eugene W. Policastri Thomas M. Dunlap D.C. Bar No. 471319 Eugene W. Policastri D.C. Bar No. 470203 1200 G Street, NW Suite 800 Washington, DC 2005 Phone: [phone] Facsimile: 202-318-0242 Attorneys for Plaintiff The Parties have entered into discussions

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DATED: August 22, 2007

NOVAK DRUCE & QUIGG LLP /s/ Melvin A. Todd Melvin A. Todd D.C. Bar No. 481782 William R. Towns (pro hac vice) 1000 Louisiana, 53rd Floor Houston, TX 77002 Phone: [phone] Facsimile: 713-456-2836 Attorneys for Defendants

By:

OF COUNSEL: Gregory V. Novak, Esq. NOVAK DRUCE & QUIGG LLP 1300 Eye Street, N.W. 400 East Tower Washington, DC 20005 Phone: [phone] Facsimile: 202-659-0105 Jeffrey J. Morgan, Esq. NOVAK DRUCE & QUIGG LLP 1000 Louisiana 53rd Floor Houston, TX 77002 Phone: [phone] Facsimile: 713-456-2836

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