Not Urgent - but Kelly Update - Filed August 2nd.
It will be interesting who will be the new counsel for Kelly:
Nothing will happen until November 1. Low probability but rich fact pattern regarding the activities of UST and NEC prior to Conservatorship.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS MICHAEL E. KELLY, et al., Plaintiffs, v. THE UNITED STATES, Defendant. No. 21-1949C (Judge Kathryn C. Davis) MOTION OF PLAINTIFFS TO MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS (UNOPPOSED) Before litigation on the Government’s motion to dismiss, Plaintiffs anticipate a substitution of counsel. See RCFC 83.1(c)(4)(A). To accommodate this recent development, Plaintiffs seek modification of the briefing schedule. See RCFC 16(b)(4). Currently, the Government’s motion to dismiss is due by September 2, 2022. See ECF No. 11 (docket text entry). Information on new counsel is not yet available, but this request is made at the earliest opportunity to protect the clients and to clarify the due date for the Government’s motion to dismiss. Plaintiffs propose the following modification to the briefing schedule: ACTION DATE United States Files Motion to Dismiss November 1, 2022 Plaintiffs File Response December 13, 2022 United States Files Reply January 20, 2022 The Government has advised that this modification is unopposed.1 1 By email with Anthony F. Schiavetti, counsel for the United States. Case 1:21-cv-01949-KCD Document 12 Filed 08/02/22 Page 1 of 2 2 For the reasons stated constituting good cause, Plaintiffs respectfully ask the Court to modify the briefing schedule as set forth above. Respectfully submitted, HAGENS BERMAN SOBOL SHAPIRO LLP By: /s/ Steve W. Berman Steve W. Berman 1301 Second Avenue, Suite 2000 Seattle, WA 98101 (206) 623-7292 (telephone) (206) 623-0594 (facsimile) steve@hbsslaw.com Counsel for Plaintiffs Dated: August 2, 2022
