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

Case 1:06-cv-00124-MCW

Document 20

Filed 05/29/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

____________________________________ ) ) ) ) Plaintiffs ) ) v. ) ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant ) ____________________________________) ROBERT WILLIAMS and LAVERNE WILLIAMS

No. 06-124C (Judge Williams)

MOTION TO STIKE PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS TO THE HONORABLE JUDGE OF THIS COURT: NOW COMES, Robert & Laverne Williams, by and through counsel and files this their MOTION TO STRIKE PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS and would show the court the following: 1. Plaintiff mistakenly thought their response to DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS was due on May 29, 2007, however, the response is due on June 29, 2007. 2. Plaintiff hereby makes a voluntary request that document number 19 be stricken from the record.

1

Case 1:06-cv-00124-MCW

Document 20

Filed 05/29/2007

Page 2 of 3

Wherefore, premise considered, counsel prays the court grant this MOTION TO STRIKE PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS. Respectfully submitted, James W. Myart, Jr. P.C. 1104 Denver Blvd San Antonio, Texas 78210 Phone: (210) 533-9461 Fax: (210) 533-4815 By:__/s/____________________ James W. Myart, Jr. FBN: TX0021 [email protected] ATTY FOR PLAINTIFF CERTIFCATE OF SERVICE A copy of the foregoing has been served this 29th day of May, 2007 on Mr. Kirk Manhardt, Counsel for Defendants via ECF and FAX .

/s/_____________________ James W. Myart, Jr.

2

Case 1:06-cv-00124-MCW

Document 20

Filed 05/29/2007

Page 3 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

____________________________________ ) ) ) ) Plaintiffs ) ) v. ) ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant ) ____________________________________) ROBERT WILLIAMS and LAVERNE WILLIAMS ORDER On this day came to be heard Plaintiff's MOTION TO STRIKE PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT'S SUPPLEMENTAL BRIEF IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS. It is found that Plaintiff's motion is meritorious, therefore, the motion is hereby GRANTED. Document number 19 shall be stricken from the record.

No. 06-124C (Judge Williams)

DATE

JUDGE PRESIDING

3