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

Case 1:08-cv-00357-CFL

Document 9

Filed 09/09/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARY E. VERBECK, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-357 C (Judge Lettow)

DEFENDANT'S MOTION FOR LEAVE TO FILE THE ADMINISTRATIVE RECORD ON CD-ROM Pursuant to Appendix E of the Rules of the United States Court of Federal Claims ("RCFC"), defendant respectfully requests leave to file the administrative record utilizing a CD-ROM. This case is designated an electronic filing case pursuant to the Court's CM/ECF system. Our administrative record in this case will exceed the four megabyte ("MB") size limitation of electronic files and the 50 page limitation of printed documents provided in RCFC Appendix E and RCFC 5.4. Counsel for the defendant has attempted to consult with plaintiff's counsel regarding this motion, and has left a message for counsel, but has not yet received a call back from plaintiff's counsel. The administrative record consists of over 55 megabytes of information. This record can most efficiently be delivered to the Court and the plaintiff on CD-ROM. This method will provide efficient and easy access to the administrative record by the parties and the Court. We will, however, deliver a paper courtesy copy to the Court pursuant to RCFC Appendix E, paragraph 10, by September 10, 2008. Defendant also will send a paper copy of the record to plaintiff's counsel, for his convenience. For these reasons, defendant respectfully requests that this motion for leave to file on

Case 1:08-cv-00357-CFL

Document 9

Filed 09/09/2008

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CD-ROM be granted.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Bryant G. Snee BRYANT G. SNEE Deputy Director OF COUNSEL: LISA M. FLYNN Assistant Regional Counsel Office of General Counsel, Region X U.S. Department of Health and Human Services s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Tele: (202) 616-2377 [email protected] Attorneys for Defendant

September 9, 2008

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Case 1:08-cv-00357-CFL

Document 9

Filed 09/09/2008

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CERTIFICATE OF FILING I hereby certify that on this 9th day of September, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE THE ADMINISTRATIVE RECORD ON CD-ROM" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice

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