MYRICK v. UNITED STATES OF AMERICA

Filing 55

ORDER REGARDING DISCOVERY, THE GOVERNMENT'S MOTION TO DISMISS FOR LACK OF JURISDICTION PURSUANT TO 24 M.R.S.A. § 2902, AND PROCEDURAL ORDER By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KENNETH MYRICK,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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1:15-cv-00045-JDL

ORDER REGARDING DISCOVERY, THE GOVERNMENT’S MOTION TO
DISMISS FOR LACK OF JURISDICTION PURSUANT TO 24 M.R.S.A. §
2902, AND PROCEDURAL ORDER
For the reasons stated on the record of the hearing held on August 2, 2016,
it is hereby ORDERED as follows:
1. The Government’s Motion to Extend Time for Discovery Responses (ECF No.
47) is GRANTED IN PART with respect to the production of documents for
all custodians who do not have documents stored on the United States
Veterans Administration’s (the “VA’s”) national archive system.
The
Government shall produce these documents on a rolling basis to the extent
reasonably possible, but no later than September 2, 2016.
2. The Government’s Motion to Extend Time for Discovery Responses (ECF No.
47) is GRANTED IN PART with respect to the production of documents for
the two custodians who have documents stored on the VA’s national archive
system. The Government shall produce these documents on a rolling basis to
the extent reasonably possible, but no later than October 21, 2016.
3. The Government’s Motion to Extend Time for Discovery Responses (ECF No.
47) is DENIED IN PART AS MOOT with respect to its request for an
extension of time to produce complete supplemented interrogatory answers,
and with respect to its request to reschedule the August 2, 2016, hearing.

4. The Government’s Motion to Dismiss for Lack of Jurisdiction Pursuant to 24
Me. Rev. Stat. Ann. § 2902 (ECF No. 13) is DENIED WITHOUT
PREJUDICE with leave to file a subsequent motion to dismiss.
5. If Plaintiff decides to file a new amended complaint resulting from the
Government’s document production, he shall file such amendment no later
than November 4, 2016.
6. The stay of all deadlines in this case (ECF No. 33) which the Court entered on
February 29, 2016, shall be lifted as of November 4, 2016. After November 4,
2016, the deadline for any responsive pleading or motion by the Government
will begin to run in accordance with the applicable Local Rules and Federal
Rule of Civil Procedure 12.
SO ORDERED.
This 3rd day of August 2016.
/s/ Jon D. Levy
U.S. DISTRICT JUDGE