Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:98-cv-00726-EJD

Document 163

Filed 05/11/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________

GRASS VALLEY TERRACE, a California Limited Partnership, et al.,
Plaintiffs, v. THE UNITED STATES, Defendant. ______________________________________________________________________________ PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY The parties recently completed briefing on defendant's motion to dismiss certain claims on statute of limitations grounds. See Defendant's Motion to Dismiss in Nos. 98-7265C and 9872613C. A status conference was then held on Thursday May 5, 2005, during which the Court solicited the parties' views as to whether oral argument should be held on defendant's motion. After reviewing defendant's reply brief and conferring with their clients, plaintiffs have determined that oral argument would not be necessary on defendant's motion so long as they are provided the opportunity to submit a sur-reply in response to defendant's reply brief. Plaintiffs believe that defendant's reply presents certain issues beyond the scope of its original motion that warrant a brief response. Thus, plaintiffs request leave to submit a sur-reply brief within two weeks from the date of this filing, May 25, 2005. Should the Court deny this motion for leave, however, plaintiffs believe that oral argument would be necessary to clarify the issues presented to the Court. File Nos. 98-726C; 98-726-2C through 98-726-14C; 04-1299C & 04-1317C Chief Judge Edward J. Damich

Case 1:98-cv-00726-EJD

Document 163

Filed 05/11/2005

Page 2 of 2

Accordingly, plaintiffs respectfully request that the Court grant Plaintiffs' Motion for Leave to File Sur-reply for good cause shown, or, in the alternative, schedule oral argument on defendant's motion to dismiss.

Dated: May 11, 2005 Filed Electronically

s/Jeff H. Eckland Jeff H. Eckland Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis, MN 55402 Tele: 612-305-4444 Fax: 612-305-4439

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