Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:08-cv-00352-LJB

Document 25

Filed 06/24/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST TIP TOP CONSTRUCTION, INC. Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-352C (Judge Bush)

DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT Defendant, the United States, respectfully requests the Court to grant leave for the Government to file a brief in reply to plaintiff's opposition to defendant's motion to dismiss this case and cross-motion for judgment on the administrative record that exceeds the page limitations established in RCFC 5.2(b)(2) by nine pages. Pursuant to RCFC 5.2(b)(2), reply briefs must be no more than 20 pages in length, but we have found it necessary to prepare a brief that is 29 pages in length. For the Court's convenience, a copy of our proposed brief is attached to this motion. Counsel for the Government, in conjunction with the agency involved in the procurement underlying this action, has worked diligently to prepare a complete discussion of the many issues in this case. In particular, a substantial portion of our reply brief involves an extensive discussion of the numerous problems associated with the plaintiff's bid bond in this case and of the problems that created the plaintiff's inability to establish standing to maintain this protest. Unfortunately, because we wanted to ensure that the record contained an adequate explanation of each of the various reasons that plaintiff does not have standing to pursue this protest, our discussion of the standing issue, when added to our discussion regarding the reasons that

Case 1:08-cv-00352-LJB

Document 25

Filed 06/24/2008

Page 2 of 4

judgment in the Government's favor upon the administrative record would be appropriate even if the plaintiff established its standing, has required us to prepare a brief that exceeds the page limitations of RCFC 5.2(b)(2). Because of the necessarily expedited nature of the briefing schedule in this bid protest, we were unable to focus additional efforts on attempting to reduce the length of some of the discussion that we have included. Under these circumstances, the nine additional pages of our reply are reasonable and should not cause material prejudice, inconvenience, or delay. For the foregoing reasons, we respectfully request that the Court grant us leave to file a reply brief that exceeds the page count limitations of RCFC 5.2(b)(2) by nine pages, a copy of which accompanies this motion. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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Case 1:08-cv-00352-LJB

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Filed 06/24/2008

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s/ Amanda L. Tantum by s/ Dawn E. Goodman AMANDA L. TANTUM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel. (202) 616-8131 Fax. (202) 514-8624 June 24, 2008 Attorneys for Defendant

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Case 1:08-cv-00352-LJB

Document 25

Filed 06/24/2008

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CERTIFICATE OF FILING I hereby certify that on June 24, 2008, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Dawn E. Goodman