NOVA COMMERCIAL COMPANY INC. v. USA

Filing 13

SCHEDULING ORDER:Initial Disclosures due by 8/30/2013. Non-Expert Discovery due by 4/30/2014. The parties shall designate experts by 4/30/2014. Plaintiffs Expert Report due by 5/30/2014. Defendants Expert Report due by 7/31/2 014. All expert discovery due by 9/30/2014; Joint Status Report due by 10/14/2014, or two weeks after completion of discovery, whichever is earlier. Signed by Judge Lynn J. Bush. (TQ) Copy to parties. Modified on 8/12/2013 - corrected text (jt1).

In the United States Court of Federal Claims
No. 13-106 C
(Filed August 12, 2013)
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NOVA COMMERCIAL
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COMPANY, INC.,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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PRELIMINARY SCHEDULING ORDER
On August 5, 2013, the parties, pursuant to Appendix A, ¶ 4 of the Rules of
the United States Court of Federal Claims (RCFC) filed their joint preliminary
status report (JPSR). Therein, the parties reported to the court that they anticipate
that this case will go forward to litigation. In that regard, counsel for the respective
parties request that the parties be permitted to engage in discovery, explore
settlement and determine if filing a dispositive motion is appropriate in lieu of or in
addition to trial.
Upon an examination of the pleadings and the JPSR, pursuant to RCFC
16(b), it is ORDERED that the following preliminary schedule is established:
(1) Initial Disclosures, pursuant to RCFC 26(a), shall be exchanged
between the parties, on or before August 30, 2013; Furthermore,
(a) For the damages disclosure required by RCFC
26(a)(1)(A)(iii) and, subsequently, exhibits proposed in accordance with Appendix
A, Part. VI, ¶ 13(a), any and all items and figures from books of account or other
records, which are to be introduced into evidence in this matter, and any
calculations or estimates derived therefrom, shall be set forth on separate schedules

or summaries and so provided and disclosed to opposing counsel during the
discovery period;
(b) Any schedule or summary provided pursuant to paragraph
(1)(a) of this order shall be accompanied by a statement describing the source(s)
for the items or figures listed (ledgers, journals, payrolls, invoices, checks, time
cards, etc.), the location(s) of the source(s), the time, during the discovery period,
when the source(s) may be examined or audited by the opposing party, the name
and address of the person(s) who prepared each schedule or summary and who
shall be made available to the opposing party during an examination or audit of the
source material to provide information and explanations required for verification of
the listed items or figures;
(c) Upon receipt of a schedule or summary pursuant to
paragraph (1)(a) of this order, receiving counsel shall provide for an examination
or audit of the source material by a person(s) qualified to present testimony and
thereafter provide opposing counsel with a statement during the discovery period,
admitting or denying the accuracy or admissibility of each schedule or summary
(or portion thereof) submitted by opposing counsel, which statement shall address
each item and figure submitted and reflect and set forth the results of the
examination or audit of the source material from which the submissions were
derived and shall set forth the reason(s) for any denial of accuracy as to specific
items or figures, citing generally accepted accounting principles or regulations
where applicable, and the reason(s) for any denial of admissibility as to specific
items or figures, keyed to the applicable Federal Rule(s) of Evidence;
(d) Proposed trial exhibits exchanged pursuant to Appendix A,
¶ 13(a) shall include schedules setting forth all items and figures from books of
account or other records, and calculations and estimates derived therefrom, which a
party intends to introduce into evidence with appropriate identification of those
specific scheduled items, figures, calculations and estimates thereon which, on the
basis of pretrial examinations or audit and exchanges are contested as to accuracy
or admissibility, so that evidentiary proceedings as to items and figures shall
thereafter be limited to those identified as contested;
(2) All non-expert discovery shall be COMPLETED no later than
April 30, 2014;
(3) The parties shall comply with all requirements of RCFC 26(a)(2)
with respect to disclosure of expert testimony within the stated discovery deadline
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unless the parties request additional time for expert discovery and/or disclosure;
(4) On or before April 30, 2014, the parties shall designate experts;
(5) On or before May 30, 2014, plaintiff shall serve expert report(s)
on defendant, if any;
(5) On or before July 31, 2014, defendant shall serve expert
report(s) on plaintiff;
(7) All expert discovery shall be COMPLETED no later than
September 30, 2014; and
(8) On October 14, 2014, or two weeks after completion of discovery,
whichever occurs earlier, counsel are directed to FILE a Joint Status Report .
The status report shall state whether settlement is a feasible option in this case or
whether the parties intend to file dispositive motions. If dispositive motions are to
be filed, the status report shall set forth a proposed schedule in that regard. If
neither settlement nor dispositive motions are viable, the parties shall set forth a
proposed schedule for the exchanges required by Appendix A, ¶ 13 and the filings
required by ¶¶ 14 through 17. In addition, the status report shall specifically
address the parties’ preferred location of trial; and the anticipated length of trial.

/s/Lynn J. Bush
LYNN J. BUSH
Judge

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