In re Fisker Automotive Holdings Inc. Shareholder Litigation

MOTION to Continue October 18, 2017 Hearing Date -

D. Del.September 15, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : IN RE FISKER AUTOMOTIVE HOLDINGS, : Case No. 13-cv-02100-DBS-SRF INC. SHAREHOLDER LITIGATION : : UNOPPOSED MOTION BY U.S. DEPARTMENT OF ENERGY TO CONTINUE OCTOBER 18, 2017 HEARING DATE Pursuant to Fed. R. Civ. P. 7, non-party United States Department of Energy (“DOE”) hereby moves the Court to continue the October 18, 2017 hearing on plaintiffs’ motion to compel deposition testimony [ECF No. 385]. The purpose of this motion is to avoid the unnecessary burden and expense of preparing for and attending a hearing on depositions which may never take place if this case is resolved through mediation which is now underway. See Fed. R. Civ. P. 1. With the exception of certain pending motions, all litigation activity in this case is stayed until December 11, 2017, yet an October 18, 2017 hearing is scheduled on plaintiffs’ pending motion to compel further deposition testimony from non-party DOE. See Aug. 18, 2017 Order to Motion by All Parties for a Mediation Stay [ECF No. 434]; Aug. 18, 2017 Oral Order. Plaintiffs have informed DOE that they will not seek to take any DOE deposition testimony until after the stay is lifted, even if the Court grants their motion to compel, and even if such discovery is allowed under the stay. The parties have scheduled a November 9, 2017 mediation session, with the expectation that the mediator will provide a written recommendation within a few weeks. Therefore, in order to conserve judicial resources as well as those of the United States government, especially given that DOE is not even a party to this case, the hearing should be continued until after the stay is lifted, or at least until after the mediator provides a recommendation that will clarify whether this Case 1:13-cv-02100-DBS-SRF Document 447 Filed 09/15/17 Page 1 of 2 PageID #: 9522 case can be settled without further litigation. A continuance under these circumstances is reasonable and clearly will not unduly delay this case or prejudice the parties, who soon will be engaged in mediation. Counsel for the parties have informed DOE that the parties do not oppose this motion for a continuance. For these reasons, DOE’s motion for continuance of the October 18, 2017 hearing until after the stay is lifted should be granted. Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General JACQUELINE COLEMAN SNEAD Assistant Director /s/ Lisa A. Olson LISA A. OLSON, D.C. Bar No. 384266 JOSEPH BORSON United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, D.C. 20530 Telephone: (202) 514-5633 Facsimile: (202) 616-8470 Email: lisa.olson@usdoj.gov Dated: Sept. 15, 2017 Case 1:13-cv-02100-DBS-SRF Document 447 Filed 09/15/17 Page 2 of 2 PageID #: 9523