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

Case 1:08-cv-00133-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) GLOBAL COMPUTER ENTERPRISES, ) INC. ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 08-133C (Judge Sweeney)

PLAINTIFF'S UNOPPOSED MOTION TO FILE MEMORANDUM OF LENGTH NOT TO EXCEED 45 PAGES Pursuant to Court of Federal Claims Rule 5.3, Plaintiff Global Computer Enterprises, Inc. ("GCE") respectfully requests permission to file a reply memorandum in excess of the page limit set forth in Rule 5.3(b)(2), but not to exceed 45 pages. The grounds for this motion are as follows: 1. On March 6, 2008, GCE filed its Complaint in this case, along with a Motion for

Preliminary Injunction and Application for Temporary Restraining Order and a Memorandum of Points and Authorities in support of that motion. 2. On March 17, 2008, Defendant the United States and Intervenor-Defendant QSS

Group, Inc. ("QSS") each filed memoranda in opposition to GCE's motion. In addition, the United States filed a Motion to Dismiss, or in the Alternative, Motion for Judgment upon the Administrative Record. QSS also filed a Motion to Dismiss for Lack of Jurisdiction, and Alternatively, Motion for Judgment on the Administrative Record. A number of arguments

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contained in the oppositions and motions filed by the United States and QSS do not overlap with each other. 3. GCE believes that under this Court's Rules, it would be entitled to file a total of

two memoranda in response to the above pleadings, each of a length up to 30 pages. However, for clarity and for the convenience of the Court's review of these issues, GCE plans to file a single consolidated reply. GCE will, apart from the consolidated memorandum, separately file a number of documents: a cross-motion for judgment on the administrative record, all separate documents required under COFC Rule 52.1(b), a motion to supplement the proposed administrative record, and an opposition to QSS's Motion to Admit Harm Declaration of William R. Bowen and to Strike Improper Lay Testimony from Declarations in Support of Plaintiff's Motion for Preliminary Injunction and Application for Restraining Order. 4. GCE has discussed this motion with the counsel for the United States and for

QSS. Neither QSS nor the United States opposes this motion. WHEREFORE, GCE requests permission to file a memorandum in excess of the page limits listed in Rule 5.3(b)(2), but not to exceed 45 pages.

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Respectfully submitted,

/s/ Jonathan J. Frankel Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6113 (tel.) (202) 663-6363 (fax) Counsel of Record for Plaintiff Global Computer Enterprises, Inc.

Of Counsel John P. Janecek Ariel B. Waldman Timothy R. Schnabel Sara K. Kasper Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6000 (tel.) (202) 663-6363 (fax)

Dated: March 18, 2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) GLOBAL COMPUTER ENTERPRISES, ) INC. ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ORDER This matter having come before the Court on Plaintiff Global Computer Enterprises, Inc. ("GCE")'s Unopposed Motion to File Memorandum of Length Not to Exceed 45 Pages, it is this __ day of _________, 2008, ORDERED, that GCE may file a memorandum not to exceed 45 pages in reply to Defendant the United States' Opposition to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; the United States' Motion to Dismiss, or in the Alternative, Motion for Judgment upon the Administrative Record; Intervenor-Defendant QSS Group, Inc. ("QSS")'s Opposition to Plaintiff's Motion for Preliminary Injunction and Application for Temporary Restraining Order; and QSS's Motion to Dismiss for Lack of Jurisdiction, and Alternatively, Motion for Judgment on the Administrative Record.

No. 08-133C (Judge Sweeney)

Judge

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of March, 2008, a copy of the foregoing Unopposed Motion to File Memorandum of Length Not to Exceed 45 Pages was filed through the Court's Electronic Case Filing system, and was therefore served on counsel of record pursuant to Court of Federal Claims Rules Appendix E, Paragraph 12(c). /s/ Jonathan J. Frankel Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6113 (tel.) (202) 663-6363 (fax) Counsel of Record for Plaintiff Global Computer Enterprises, Inc. Dated: March 18, 2008