DOBYNS v. USA

Filing 74

ORDER granting 73 Motion to Amend Schedule. The parties shall reconvene depositions for four government employees referenced in the motion of October 12, 2011, for one-hour depositions to be scheduled by defendant on or before 10/31/2011. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 08-700C
(Filed: October 24, 2011)
__________
JAY ANTHONY DOBYNS,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
_________
ORDER
_________
On October 12, 2011, defendant filed a consent motion for leave to allow five fact
witness depositions out of time under RCFC 30(a)(2)(A), and for leave to subpoena a former
government employee for the second time. The court finds that good cause exists to grant the
motion in light of the defendant’s omission of critical information in its production to plaintiff
during fact discovery. Therefore, in accordance with RCFC 26(b)(2):
1.

On or before October 31, 2011, the parties shall reconvene depositions for
four government employees referenced in the motion of October 12, 2011,
for one-hour depositions to be scheduled by defendant;

2.

In addition, the court GRANTS leave to the parties to again subpoena the
former government employee referenced in the motion of October 12,
2011, consistent with RCFC 45, and to conduct a half-day deposition as
soon as possible of that individual;

3.

Defendant shall bear the expense of reconvening these five depositions;
and

4.

The remainder of the court-ordered schedule in this matter remains
unaffected.

IT IS SO ORDERED.
s/Francis M. Allegra
Francis M. Allegra
Judge