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

Case 1:06-cv-00439-CFL

Document 24

Filed 12/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOYCE EVANS, ET AL., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-439C (Judge Lettow)

DEFENDANT'S MOTION FOR LEAVE TO FILE RESPONSE TO PLAINTIFFS' CITATION TO AND RELIANCE UPON IN RE: SAULSBURY ENTERPRISES FOR THE FIRST TIME DURING NOVEMBER 21, 2006 ORAL ARGUMENT Defendant, the United States, respectfully requests leave to file the electronically attached response to plaintiffs' citation to and reliance upon In Re: Saulsbury Enterprises, 55 Agric. Dec. 6 (1996) (available at 1996 WL 255728), for the first time during the oral argument conducted on November 21, 2006. Nov. 21, 2006 Transcript ("Tr.") at 25-36, 42-43. Because

plaintiffs did not cite to it in their briefs, the Government was unable to respond to plaintiffs' representations regarding the import of Saulsbury Enterprises to this action. Based upon

plaintiffs' representations, however, the Court, during oral argument, indicated that Saulsbury Enterprises might prove instructive. Tr. at 40. Having had an opportunity to review

Saulsbury Enterprises, we find that we do not agree with plaintiffs' representations, and respectfully request the opportunity to address Saulsbury Enterprises by way of the attached brief.

Case 1:06-cv-00439-CFL

Document 24

Filed 12/06/2006

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For the foregoing reasons, the Government requests that the Court grant this motion and deem the attached brief filed. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 514-4325 Fax: (202) 514-7965 December 6, 2006 Attorneys for Defendant

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Case 1:06-cv-00439-CFL

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Filed 12/06/2006

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Certificate of Filing I hereby certify that on December 6, 2006, a copy of the foregoing Defendant's Motion For Leave To File Response To Plaintiffs' Citation To And Reliance Upon In Re: Saulsbury Enterprises For The First Time During November 21, 2006 Oral Argument 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. through the Court's system. Parties may access this filing

s/Timothy P. McIlmail