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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ No. 06-749 T (Judge Braden) BRIAN ALAN BLAKLEY, d/b/a/ TCS Plaintiff, v. THE UNITED STATES, Defendant. ______________ MOTION OF THE PLAINTIFF FOR RELIEF FROM JUDGMENT, OR FOR RECONSIDERATION OR AMENDMENT OF JUDGMENT
The Plaintiff hereby moves this Court, pursuant to RCFC 59 and 60, for relief from judgment, or for reconsideration or amendment of judgment, with respect to the Judgment entered in this matter on July 13, 2007, and as grounds for this motion, states as follows: 1. This Court's Judgment was entered on July 13, 2007, following the prior entry, on July 12, 2007, of a Final Order. That Final Order, in turn, followed the defendant's motion to enter judgment against itself, filed on July 10, 2007. The defendant's motion and the Court's Final Order were entered before plaintiff had responded and before the time for response had elapsed.
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2. On July 13, 2007, plaintiff filed his Motion to Vacate Final Order, restore case to Active Docket, or Alternatively, to Amend or Clarify Final Order ("Motion to Vacate"). 3. The grounds for the instant motion for relief from judgment are fully set forth in the plaintiff's July 13 Motion to Vacate, and we incorporate that motion by reference. WHEREFORE, plaintiff prays that this Court enter an order relieving plaintiff from the Judgment, vacating this Court's Final Order, and restoring the case to the active docket. Respectfully submitted,
____s/________________________ Robert G. Nath 7th Floor, 8280 Greensboro Drive McLean, Virginia 22102 Tel: 703-761-5014 Date: July 19, 2007 Counsel for Plaintiff
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CERTIFICATE OF SERVICE I certify that service of the foregoing document has been made on plaintiff this __19th___ day of July, 2007, by mailing the original thereof, in a postage prepaid envelope, to the following address: JACOB E. CHRISTENSEN U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044