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

Case 1:06-cv-00124-MCW

Document 13

Filed 11/20/2006

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IN THE UNITED COURT OF FEDERAL CLAIMS

____________________________________ ) ROBERT WILLIAMS and ) LAVERNE WILLIAMS ) ) Plaintiffs ) ) v. ) ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant ) ____________________________________)

No. 06-CV-124 MCW

MOTION FOR LEAVE TO FILE SURREPLY TO DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO THE UNITED STATES MOTION TO DISMISS

Plaintiffs received Defendant's reply to their Response Defendant's Motion to Dismiss on November 17, 2006. Defendant, again, employs a Herculean and lengthy attempt to convince this Court that the PLAINTIFFS (and other Black Farmers with similar USDA settlement contracts) do not have the right to come to this Court for relief in spite of the fact that Congress created this Court for the very purpose for which they seek relief. The Defendant's reply is nine (9) pages long, full of additional law and legal precedent and contains an exhibit twenty or so pages in length. Plaintiffs wish to file a effective surreply to fully address the Defendant's issues and to preserve their rights in accordance with law. Plaintiffs, therefore, request the court grant Plaintiffs approval to file a Surreply to

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Case 1:06-cv-00124-MCW

Document 13

Filed 11/20/2006

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Defendant's Reply to Plaintiffs' Response to Defendant's Motion to Dismiss and that such Surreply be due to the Court on or before December 15, 2006.

Respectfully submitted, James W. Myart, Jr. P.C. 1104 Denver Blvd. San Antonio, Texas 78210 Phone: (210) 533-9461 Fax: (210) 533-4815 By: /s/ James W. Myart, Jr. Federal Bar No. TX0021

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served pursuant to the Courts ECF system, in accordance with the Local Rules, on 20th day of November, 2006, to the following:

Kirt T. Manhardt U.S. Department of Justice /s/_________________ James Myart

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Case 1:06-cv-00124-MCW

Document 13

Filed 11/20/2006

Page 3 of 3

IN THE UNITED COURT OF FEDERAL CLAIMS

____________________________________ ) ROBERT WILLIAMS and ) LAVERNE WILLIAMS ) ) Plaintiffs ) ) v. ) ) ) THE UNITED STATES OF ) AMERICA ) ) Defendant ) ____________________________________)

No. 06-CV-124 MCW

PROPOSED ORDER On this day came to be heard Plaintiffs' MOTION FOR LEAVE TO FILE SURREPLY TO DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO THE UNITED STATES MOTION TO DISMISS. After considering Plaintiffs' Motion, the Court has determined that this motion is meritorious and is hereby GRANTED. Plaintiff shall file his SURREPLY TO DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO THE UNITED STATES MOTION TO DISMISS on or before , 2006.

DATE

PRESIDING JUDGE

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