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Case 1:13-cv-00465-MMS Document 46 Filed 05/16/14 Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS


FAIRHOLME FUNDS, INC., et al.,
Plaintiffs,
v.
THE UNITED STATES,
Defendant.

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No. 13-465C
(Judge Sweeney)

DEFENDANTS UNOPPOSED MOTION TO AMEND SCHEDULING ORDER


Pursuant to Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims,
defendant, the United States, respectfully requests that the Court amend the discovery schedule
set out in its April 4, 2014 order to allow the parties additional time to resolve objections to
plaintiffs first set of document requests and seven days thereafter for the United States, if
necessary, to file a motion for protective order. Specifically, we request that the parties be
granted until May 23, 2014, to resolve objections and defendant be allowed until May 30, 2014,
to file a motion for protective order. Plaintiffs Fairholme Funds, Inc., et al. (Fairholme) do not
oppose the requested extension of time.
There is good cause for the requested extension of time. Fairholme served its first set of
requests for production on April 7, 2014. The United States responded on May 2, 2014, by
asserting a number of general and specific objections to plaintiffs requests. According to the
Courts April 4, 2014 order, the parties have seven days to resolve objections to discovery
requests and, if any objections remain unresolved, the objecting party has seven days after the
close of that period to move for a protective order.
In this case, the parties have been working diligently to resolve objections to Fairholmes
document requests and further negotiations are warranted. The parties have exchanged detailed

Case 1:13-cv-00465-MMS Document 46 Filed 05/16/14 Page 2 of 2

document search proposals and the United States has provided technical reports detailing search
results for plaintiffs use. At this time, the parties are exchanging information and plaintiffs
intend to provide a revised search proposal in the next several days. The parties are hopeful that
further negotiations will narrow the issues in dispute.
For these reasons, we respectfully request that the Court amend the discovery schedule
and allow the parties until May 23, 2014, to resolve objections and allow defendant until May
30, 2014, to file a motion for protective order.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
s/ Robert E. Kirschman, Jr.
ROBERT E. KIRSCHMAN, JR.
Director
s/ Kenneth M. Dintzer
KENNETH M. DINTZER
Assistant Director
Commercial Litigation Branch
Civil Division
U.S. Department of Justice
P.O. Box 480 Ben Franklin Station
Washington, D.C. 20044
(202) 616-0385
(202) 307-0972 fax
KDintzer@CIV.USDOJ.GOV
Attorneys for Defendant
May 16, 2014