Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:04-cv-01544-LMB

Document 68

Filed 04/06/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ ) THE ELLAMAE PHILLIPS COMPANY, ) a Colorado Registered Limited ) Liability Partnership, ) ) Plaintiff, ) No. 04-1544 L v. ) ) Judge Lawrence M. Baskir UNITED STATES OF AMERICA, ) ) Defendant. ) _______________________________ ) DEFENDANT'S MOTION FOR LEAVE TO SUBMIT LEGAL EXHIBITS On April 6, 2007, Defendant submitted a memorandum pursuant to the Court's Order, dated March 15, 2007 ("Court Order"). The Court Order requires the parties to "seek leave of the Court before submitting any additional materials such as exhibits or appendices." Id. at 2. This motion is intended to comply with that instruction. Defendant seeks to attach five exhibits in support of its supplemental memorandum. Four of these exhibits are briefs or unpublished orders, which were generated during legal proceeding in Hash v. United States, Case No. CV-99-324-S-MHW (D. Idaho), at the district court level or on appeal to the United States Court of Appeals for the Federal Circuit. The

Case 1:04-cv-01544-LMB

Document 68

Filed 04/06/2007

Page 2 of 2

fifth exhibit is a portion of the transcript generated during a hearing in this case on February 16, 2007. While these documents are also available online, Defendant seeks leave to attach them here as exhibits for the convenience of the parties and the Court. Dated: April 6, 2007 Respectfully submitted, MATTHEW J. McKEOWN Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice /s/ William J. Shapiro WILLIAM J. SHAPIRO United States Department of Justice Environment and Natural Resources Div. 501 I Street, Suite 9-700 Sacramento, CA 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) Attorney for Defendant

2