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In the United States Court of Federal Claims ______________________________ ) RONALD F. BERKLEY, ET AL., ) ) Plaintiffs, ) ) No. 98-943C v. ) Filed: November 5, 1999 ) UNITED STATES, ) ) Defendant. ) ______________________________ ) ORDER In an Opinion issued concurrently with this Order, the court granted the plaintiffs’ motion for class certification in this case. Consistent with discussions held at the class certification oral argument on Tuesday, August 31, 1999, the court, hereby, ORDERS the plaintiffs to file, on or before Monday, January 31, 2000, a list of plaintiffs who have opted into the certified class action. The court also ORDERS the parties to file the administrative record on or before Monday, January 31, 2000. No Joint Preliminary Status Report will be filed, but the court ORDERS the parties to comply with the following briefing schedule for summary judgment motions: The parties are to file a joint stipulation of facts, setting forth specific stipulations of agreed upon facts with appropriate citations to the record, on or before Monday, February 28, 2000. The parties also shall submit a joint statement of issues of law on or before Monday, February 28, 1998. For both joint submissions, the parties are to separately identify, if necessary, any statement of fact or issue of law which is not agreed upon by both parties, but which one party believes to be at issue in the case in order to assist first the parties and then the court determine whether the case is ripe for summary judgment or whether there are material facts in dispute which would preclude summary judgment. If neither party intends to file a dispositive motion, the parties shall inform the court of this fact in a joint status report on or before Monday, February 28, 2000. The status report shall propose a schedule for future proceedings. If the defendant wishes to file any summary judgment motion, such submission is to be filed with the court on or before Monday, February 28, 2000. If the plaintiffs wish to file any summary judgment motion, such submission is to be filed with the court on or before Monday, March 20, 2000. At this time, the plaintiffs will also file any opposition to defendant’s summary judgment motion. On or before Monday, April 10, 2000, defendant will file any reply to plaintiffs’ opposition to defendant’s summary judgment motion, and defendant will also file any opposition to plaintiffs’ summary judgment motion. On or before Monday, May 1, 2000, plaintiffs will file any reply to defendant’s opposition to plaintiffs’ summary judgment motion. Any requests to modify the schedule outlined above shall be presented to the court in the form of a motion for leave to amend this scheduling order. IT IS SO ORDERED. ___________________________ MARIAN BLANK HORN Judge |
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