Free Motion to Strike - District Court of Federal Claims - federal

Case 1:07-cv-00652-LMB

Document 29

Filed 02/26/2008

Page 1 of 2

In the United States Court of Federal Claims
*********************************************** CHRISTOPHER SEAN VAN WINKLE and DAVID ALAN COX, Plaintiffs, v. No. 07-652C (Judge Baskir)

THE UNITED STATES OF AMERICA, Defendant. *********************************************** PLAINTIFFS' MOTION TO STRIKE DEFENDANT'S REPLY IN SUPPORT OF PROPOSED THIRD PARTY DEFENDANT'S MOTION TO INTERVENE OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE A RESPONSE The Plaintiffs, Christopher Sean Van Winkle and David Alan Cox, pursuant to Rule 7 of the Rules of the United States Court of Federal Claims ("RCFC"), move the Court to strike the Government's Reply in Support of Proposed Third Party Defendant's Motion to Intervene, for failure to comply with RCFC 7.2 and the Court's Special Procedures Order, paragraph 11, or, in the alternative, for leave to file a response. The grounds for this Motion are more fully set forth in the accompanying Memorandum.

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Case 1:07-cv-00652-LMB

Document 29

Filed 02/26/2008

Page 2 of 2

Plaintiffs discussed this Motion with Defendant's counsel. Defendant is opposed to Plaintiffs' Motion to Strike but agrees that Plaintiffs have not had an opportunity to address certain of the arguments raised in its pleading and has no objection to the Court's entering an Order granting Plaintiffs leave to respond. Respectfully submitted, /s/ GARY H. NUNES Womble Carlyle Sandridge & Rice, PLLC 8065 Leesburg Pike, Fourth Floor Tysons Corner, Virginia 22182 Telephone: (703) 790-3310 Fax: (703) 790-2623 Of Counsel: Jack B. Hicks Womble Carlyle Sandridge & Rice, PLLC 300 North Greene Street Suite 1900 Greensboro, NC 27401 Telephone: (336) 574-8030 Fax: (336) 574-4520 Holly Emrick Svetz Womble Carlyle Sandridge & Rice, PLLC 8065 Leesburg Pike, Fourth Floor Tysons Corner, Virginia 22182 Telephone: (703) 790-3310 Fax: (703) 790-2623 2