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

Case 1:07-cv-00359-FMA

Document 15

Filed 12/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SERAPHIM TRANSPORT COMPANY, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 07-359C (Judge Francis M. Allegra)

DEFENDANT'S UNOPPOSED MOTION TO FILE A SURREPLY Defendant, the United States, respectfully requests that this Court allow it to file a surreply to Plantiff's Surreply to Defendant's Motion to Dismiss. Defendant's counsel has contacted plaintiff's counsel about this surreply, and he does not oppose this motion. On October 5, 2007, the Government filed its motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. On November 2, 2007, plaintiff filed his response to the Government's motion. On November 19, 2007, the Government filed its reply brief. On December 5, 2007, plaintiff filed a motion for leave to file a surreply, which the Court granted on December 10, 2007. Plaintiff filed its surreply on December 10, 2007. Because the moving party usually files the last brief in a dispositive motion, the Government respectfully seeks permission to file a surreply to plaintiff's surreply to our motion to dismiss. We ask for fifteen days, to and including January 7, 2008, to file this surreply.

Case 1:07-cv-00359-FMA

Document 15

Filed 12/20/2007

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Respectfully submitted,

JEFFREY S. BUCHOLTZ Assistant Attorney General JEANNE E. DAVIDSON Director

/s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/Ellen M. Lynch ELLEN M. LYNCH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 353-7994 Fax: (202) 514-8624 December 20, 2007 Attorneys for Defendant

Case 1:07-cv-00359-FMA

Document 15

Filed 12/20/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 20th day of December, 2007, a copy of "Defendant's Unopposed Motion To File A Surreply" 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/Ellen M. Lynch Ellen M. Lynch