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

Case 1:04-cv-00541-CCM

Document 173

Filed 04/12/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________ ) STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT, SAN JOAQUIN COUNTY, STOCKTON CITY, CALIFORNIA WATER SERVICE COMPANY,

No. 04-541 L Judge Christine Odell Cook Miller

DEFENDANT'S MOTION FOR LEAVE TO ALLOW SUPPLEMENTAL BRIEFING REGARDING CARABETTA ENTERPRISES, INC. v. UNITED STATES On April 9, 2007, Plaintiffs filed a Notice of Additional Authority Relating to Motion for Reconsideration (Doc. 172), notifying the Court of the Federal Circuit's recent decision in Carabetta Enterprises, Inc. v. United States, 2007 WL 983837 (Fed. Cir. April 4, 2007). Plaintiffs' notice also quotes a portion of the Carabetta decision and comments on the relevance of the decision to the government's sovereign acts defense in this case. Defendant has reviewed the Carabetta decision and believes that it is distinguishable from this case. Defendant therefore respectfully requests that both parties be given an opportunity to file supplemental briefs, of five pages or less, addressing the relevance of the Carabetta decision. Defendant proposes that such supplemental briefs, if permitted, be filed within five (5) days of the Court's ruling on this motion.

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Case 1:04-cv-00541-CCM

Document 173

Filed 04/12/2007

Page 2 of 2

Dated: April 12, 2007

Respectfully submitted, MATTHEW J. McKEOWN Acting Assistant Attorney General Environment and Natural Resources Division s/William J. Shapiro WILLIAM J. SHAPIRO Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street, Room 9-700 Sacramento, CA 95814 TEL (916) 930-2207 Counsel of Record for Defendant

OF COUNSEL: KRISTINE S. TARDIFF United States Department of Justice Environment and Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL (603) 230-2583

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