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

Case 1:01-cv-00591-FMA

Document 279

Filed 04/28/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) KLAMATH IRRIGATION DISTRICT et al., ) ) Plaintiffs, ) v. ) ) UNITED STATES OF AMERICA, ) No. 01-591 L ) Defendant, ) Hon. Francis M. Allegra ) PACIFIC COAST FEDERATION OF ) FISHERMEN'S ASSOCIATIONS, ) ) Defendant-Intervenor. ) ) PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT FOR PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS' CONTRACT CLAIMS Plaintiffs move to exceed the page limits for their Opposition to Defendant's Motion for Summary Judgment as to Plaintiffs' Contract Claims by 13 pages. RCFC 5.2(b)(3) provides that "[e]xcept by leave of the court on motion, reply briefs or memoranda shall not exceed 20 pages by any process of duplication or copying or 30 pages were a response to a motion is included." In this case, Defendant's motion for summary judgment rests on complex legal doctrines, the sovereign acts and the impossibility doctrines, and implicates numerous factual issues, which are in dispute. In order to adequately respond to these issues, Plaintiffs will need 13 additional pages in which to fully address all issues raised by Defendant's motion. Defendant's counsel does not oppose the granting of this Motion.

Case 1:01-cv-00591-FMA

Document 279

Filed 04/28/2006

Page 2 of 2

Accordingly, Plaintiffs request leave to exceed the page limits by 13 pages for Plaintiffs' Opposition to Defendant's Motion for Partial Summary Judgment as to Plaintiffs' Contract Claims.

Respectfully submitted,

_s/ Nancie G. Marzulla___________ Nancie G. Marzulla Roger J. Marzulla Zachary N. Somers MARZULLA & MARZULLA 1350 Connecticut Ave., NW, Suite 410 Washington, DC 20036 (202) 822-6760 (202) 822-6774 (facsimile) Dated: April 28, 2006 Counsel for Plaintiffs

Of Counsel: William M. Ganong General Counsel Klamath Irrigation District 514 Walnut Avenue Klamath Falls, OR 97601 Phone: 541-882-7228 Fax: 541-883-1923 Paul S. Simmons Somach, Simmons & Dunn 813 6th Street, 3rd Floor Sacramento, CA 95814-2403 Phone: (916) 446-7979 Fax: (916) 446-8199

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