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

Case 1:07-cv-00858-MBH

Document 27

Filed 06/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on June 13, 2008) BID PROTEST __________________________________________ ) THE CNA CORPORATION, ) ) Plaintiff, ) No: 07-858C ) (Judge Horn) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) THE CNA CORPORATION'S MOTION FOR LEAVE TO FILE SUR-REPLY Pursuant to RCFC 7(b), Plaintiff The CNA Corporation ("CNAC") respectfully moves for leave to file a sur-reply in response to Defendant the United States' (the "Government") May 27, 2008 reply brief supporting the Government's motion to strike CNAC's application for bid preparation and proposal costs. CNAC has attached its proposed sur-reply brief. In particular, CNAC seeks the opportunity to respond to several novel arguments made by the Government in its reply brief. In particular, in its reply brief the Government asserts for the first time that the Court's January 3, 2008 order and January 7, 2008 "Judgment" provided an immediate interlocutory appeal that made the Court's ruling final as to bid preparation and proposal costs. Additionally, the Government asserts that certain cases relating to the award of prejudgment interest are comparable to the instant case. For several different reasons, CNAC disagrees with both contentions. CNAC believes its short sur-reply may assist the Court in weighing the arguments of the parties and placing these arguments in the context of the instant case. CNAC's sur-reply essentially addresses only these two arguments and generally avoids

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Case 1:07-cv-00858-MBH

Document 27

Filed 06/13/2008

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repeating its prior arguments made in its May 5, 2008 response to the Government's motion to strike. For the foregoing reasons, CNAC respectfully requests that this Court grant it leave to file the attached sur-reply. Dated: June 13, 2008 Of Counsel: Daniel S. Herzfeld PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 Caroline L. Plant PILLSBURY WINTHROP SHAW PITTMAN LLP 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Daniel S. Herzfeld Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel for The CNA Corporation

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