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

Case 1:01-cv-00256-CFL

Document 77

Filed 10/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) ) ) )

MARRIOTT INTERNATIONAL RESORTS, L.P., MARRIOTT INTERNATIONAL JBS CORPORATION, Tax Matters Partner, Plaintiffs, v. THE UNITED STATES, Defendant.

Nos. 01-256T and 01-257T Judge Charles F. Lettow

PLAINTIFFS' MOTION FOR LEAVE TO FILE RESPONSE TO DEFENDANT'S SUPPLEMENTAL BRIEF Plaintiffs Marriott International Resorts, L.P., Marriott International JBS Corp., Tax Matters Partner ("Marriott"), respectfully submit this motion for leave to file a response to Defendant's September 29, 2006, Supplemental Brief In Opposition To Plaintiff's Motion To Compel Production Of Documents Withheld Or Redacted Based On Deliberative Process ("Supplemental Brief"). As set forth below, the sole purpose of the response for which leave is sought is to provide Marriott's position with respect to the unpublished order in Jade Trading appended to Defendant's Supplemental Brief. This motion for leave to file a response is not opposed by Defendant. As grounds for this motion, Marriott respectfully states as follows: 1. In its Supplemental Brief, Defendant cites, and attaches in an

Appendix, an unpublished order by Judge Williams from Jade Trading, LLC v.

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United States, No. 03-2164T (Fed. Cl. Aug. 15, 2005). Marriott's counsel was previously unaware of such unpublished order by Judge Williams. 2. Upon review of the above-referenced unpublished order by Judge

Willliams, Marriott believes the order is distinguishable on the ground that, with the exception of a single document, it deals with different documents from those before this Court, and wishes to file a response to note that fact. 3. Explaining Marriott's position with respect to the Jade Trading order

is the sole purpose of the response for which leave is sought. Marriott does not ask permission for leave to assert any additional legal arguments or cite any additional case law. 4. Accordingly, Marriott respectfully requests permission to file a short

response relating to facts pertinent to Judge Williams' unpublished order. 5. A copy of the response Marriott requests permission to file is appended

hereto as Exhibit A. 6. A proposed Order granting Marriott's motion for leave to file a

response to Defendant's Supplemental Brief is appended hereto as Exhibit B. 7. Defendant's counsel has indicated to Marriott's counsel that Defendant

does not oppose this motion for leave to file a response.

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Case 1:01-cv-00256-CFL

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WHEREFORE, Marriott respectfully requests that this motion be granted, and that leave be allowed for Plaintiffs' Response To Defendant' Supplemental Brief, appended hereto as Exhibit A, to be filed in this action. Respectfully submitted,

October 6, 2006

s/Robert L. Willmore Harold J. Heltzer (Attorney of Record) Robert L. Willmore Alex E. Sadler CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Tel: (202) 624-2915 Fax: (202) 628-5116 Counsel for Plaintiffs

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