JENKINS v. USA

Filing 45

PRETRIAL ORDER: Plaintiff shall file his motion regarding the burden of proof/presumption of correctness by 4/14/2010. Exhibit List due by 5/24/2010. Witness List due by 5/24/2010. Appendix A Filings due by 5/24/2010. Defendant shall file its response to Plaintiff's motion by 5/24/2010. Opposing Exhibit List due by 6/25/2010. Opposing Witness List due by 6/25/2010. Opposing Appendix A Filings due by 6/25/2010. Pretrial Conference set for 7/9/2010 10:00 AM in National Courts Building before Judge Francis M. Allegra. Trial set for 8/2/2010 10:00 AM in National Courts Building before Judge Francis M. Allegra. Signed by Judge Francis M. Allegra. (si)

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In The United States Court of Federal Claims
No. 08-50T (Filed: March 11, 2010) __________ TIMOTHY L. JENKINS, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On Wednesday, March 10, 1010, a telephonic status conference was held in this case. Participating in the conference were Jane C. Bergner, on behalf of plaintiff, and Allison Barbara Ickovic, on behalf of defendant. In accordance with the discussions held therein, the court adopts the following schedule in this matter: 1. On or before April 14, 2010, plaintiff shall file his motion regarding the burden of proof/presumption of correctness. On or before April 21, 2010, the parties shall have the Meeting of Counsel and exchange exhibits and information on witnesses, including expert witnesses, to be used at trial. See RCFC, Appendix A, ¶ 13(a) and (b); On or before May 24, 2010, plaintiff shall file: (a) His Memorandum of Contentions of Fact and Law, containing a summary of plaintiff's basic factual contentions, together with any applicable legal authority. See Appendix A, ¶ 14(a); A separate statement setting forth a list of witnesses to be called at trial, pursuant to Appendix A, ¶ 15; A separate statement setting forth a list of exhibits to be offered at trial, pursuant to Appendix A, ¶ 16;

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On or before May 24, 2010, defendant shall file its response to plaintiff's motion; On or before June 25, 2010, defendant shall file: (a) Its response to plaintiff's Memorandum of Contentions of Fact and Law. See Appendix A, ¶ 14(b); A separate statement setting forth a list of witnesses to be called at trial, pursuant to Appendix A, ¶ 15; A separate statement setting forth a list of exhibits to be offered at trial, pursuant to Appendix A, ¶ 16

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On or before June 25, 2010, plaintiff shall file his reply in support of his motion; A pre-trial conference will be held on July 9, 2010, at 10:00 a.m. (EST), at the United States Court of Federal Claims, National Courts Building, 717 Madison Place, N.W., Washington, D.C. 20005. The courtroom location will be posted in the lobby on the day of the conference; and Trial in this case will commence at 10:00 a.m. (EST) on Monday, August 2, 2010, at the United States Court of Federal Claims, National Courts Building, 717 Madison Place, N.W., Washington, D.C. 20005. The courtroom location will be posted in the lobby on the day of trial. Each subsequent day of trial will begin at 9:30 a.m. (EST).

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IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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