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

Case 1:06-cv-00668-FMA

Document 45

Filed 11/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS REILLY'S WHOLESALE PRODUCE, INC., Plaintiff, v. THE UNITED STATES, Defendant, and FOUR SEASONS PRODUCE, INC. Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 06-668C bid protest (Judge Allegra)

MOTION FOR LEAVE TO FILE REDACTED ADMINISTRATIVE RECORD ON CD-ROM AND TO WAIVE PAPER COPY Defendant, the United States, respectfully requests leave to file the redacted administrative record utilizing a CD-ROM. This case is designated for electronic filing using the Court's CM/ECF system. The redacted administrative record in this case will exceed the two megabyte size limitation applicable to electronic files, Rules of the United States Court of Federal Claims ("RCFC") General Order 42A ¶ 4, and the 50-page limitation requiring printed documents, RCFC General Order 42A ¶ 5. Counsel for plaintiff and intervenor have been contacted and do not oppose this motion. The administrative record consists of multiple documents. Because of the portability and ease of manipulation of the documents on a CD-ROM, we also respectfully request that the Court waive the requirement of RCFC General Order 42A ¶ 5 that an additional paper copy be supplied to the Court. For these reasons, defendant respectfully requests that this motion for leave to file the redacted administrative record on CD-ROM and to waive the additional paper copy be

Case 1:06-cv-00668-FMA

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Filed 11/27/2006

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granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director OF COUNSEL: THOMAS D. RATHGEB Deputy General Counsel ­ Litigation Defense Commissary Agency 1300 E Avenue Fort Lee, VA 23801-1800 s/Dawn S. Conrad DAWN S. CONRAD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-2279 Fax: (202) 305-7643 Attorneys for Defendant

Dated: November 27, 2006

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Case 1:06-cv-00668-FMA

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Filed 11/27/2006

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CERTIFICATE OF FILING I hereby certify that on this 27th day of November, 2006, a copy of the foregoing "MOTION FOR LEAVE TO FILE REDACTED ADMINISTRATIVE RECORD ON CD-ROM AND TO WAIVE PAPER COPY" 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/Dawn S. Conrad