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

Case 1:03-cv-00289-FMA

Document 179

Filed 01/04/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., Plaintiff v. THE UNITED STATES, Defendant MAIN CASE NO: 03-CV-289 Consolidated case no: 07-cv-187 Judge Allegra

PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (Unopposed) TO THE HONORABLE COURT:

Plaintiff, United Medical Supply Company, Inc., files this its Plaintiff's Motion for Leave to File Second Amended Complaint (attached) and would show the Court as follows: 1. The Second Amended Complaint clarifies the bases for Plaintiff's claims based on the discovery obtained since Plaintiff filed its first Amended Complaint. 2. The Second Amended Complaint consolidates into one pleading the claims from the two consolidated cases and eliminates the claim dismissed by the Court's prior summary judgment order. 3. Plaintiff's counsel previously submitted a draft of its proposed Second Amended Complaint to Government counsel, who identified several bases for possible objection to this Motion. Those objections were

resolved and Government counsel advised it did not oppose the motion for leave, clearly stating, however, that he remained opposed to Page 1 of 2

Case 1:03-cv-00289-FMA

Document 179

Filed 01/04/2008

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the relief sought by Plaintiff in the Complaint and the bases for that relief. 4. Accordingly, Plaintiff requests that this motion be granted and that the Court instruct the Clerk to file the attached Second Amended Complaint. Signed January 4, 2008.

Respectfully submitted,

/s Frank L. Broyles Frank L. Broyles State Bar No. 03230500 GOINS, UNDERKOFLER, CRAWFORD & LANGDON, LLP 1201 Elm Street 4800 Renaissance Tower Dallas, Texas 75270 (214) 969-5454 (214) 969-5902 Fax Attorney for Plaintiff

CERTIFICATE OF SERVICE On January 4, 2008 the above Motion for Leave and referenced Second Amended Complaint was served on the persons shown below by the method shown below. s/ Frank L. Broyles PERSONS SERVED: Kyle Chadwick via email.

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