Free Order on Motion to Strike - District Court of Federal Claims - federal

Case 1:07-cv-00693-NBF

Document 49

Filed 08/14/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 07-693L and No. 07-675L CONSOLIDATED (Filed: August 14, 2008) * * * * * * * * * * * * * * * * * DOROTHY L. BIERY, et al., and JERRAMY and ERIN PANKRATZ, et al., Plaintiffs, v. THE UNITED STATES, Defendant. * * * * * * * * * * * * * * * * * ORDER Pending before the court are (1) the defendant's motion to strike the plaintiffs' summary judgment response brief and (2) the defendant's motion to stay the filing deadline for the defendant's reply brief pending resolution of the defendant's motion to strike. The court is also in receipt of the plaintiffs' response to each of these motions. In its motion to strike, the defendant argues that the plaintiffs' summary judgment response brief violated the form requirements set forth in RCFC 5.4(c) and exceeded the sixty-page limit set by the court, in part because it included a two and a half page Appendix "A" containing citations to and quotations from state court decisions. In its motion to stay, the defendant argues that the deadline for filing its reply should be stayed pending resolution of the motion to strike. In response, the plaintiffs have re-filed their brief to conform to the margin and line spacing requirements in RCFC 5.4(c) but argue that their Appendix "A" is * * * * * * * * * * * * * * * *

Case 1:07-cv-00693-NBF

Document 49

Filed 08/14/2008

Page 2 of 2

appropriate under RCFC 5.3(b)(1)(B). In addition, the plaintiffs contend the time for the government's reply brief should begin to run from August 7, 2008, the date on which the plaintiffs re-filed their brief. The court hereby ORDERS as follows: (1) The form of the plaintiffs' brief as re-filed on August 7, 2008, including Appendix "A," is deemed acceptable, and the brief shall be considered filed as of August 7, 2008. Accordingly, the defendant's motion to strike is DISMISSED as moot. The defendant's motion to stay the deadline for its reply brief is GRANTED. The fourteen-day time period for the defendant to submit its reply brief pursuant to RCFC 7.2(c) shall begin to run as of the date of this Order. Accordingly, the defendant shall submit its reply brief on or before August 28, 2008.

(2)

IT IS SO ORDERED.

s/Nancy B. Firestone NANCY B. FIRESTONE Judge

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