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

Case 1:03-cv-02794-TCW

Document 57

Filed 05/08/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ACCEPTANCE INSURANCE COMPANIES INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 03-2794 ) (Judge Wheeler) ) ) ) )

DEFENDANT'S MOTION FOR LEAVE TO FILE PAPER VERSION OF DEFENDANT'S RESPONSE TO PLAINTIFF'S COUNTERSTATEMENT OF PROPOSED FINDINGS OF UNCONTROVERTED FACT Defendant, the United States, pursuant to this Court's General Order 42A, ¶ 7, respectfully requests that the Court grant leave for defendant to file in paper form rather than electronically, Defendant's Response To Plaintiff's Counterstatement Of Proposed Findings Of Uncontroverted Fact. Our request is necessary because the document contains excerpts from deposition transcripts that were designated as "Protected Information" for purposes of the protective order entered in this case. Specifically, our response to plaintiff's proposed findings nos. 124 and 125 contain protected information. Paper copies of the original and two copies of Defendant's Response To Plaintiff's Counterstatement Of Proposed Findings of Uncontroverted Fact have been lodged with the Clerk of the Court for filing upon the granting of this motion. For these reasons, we respectfully request that the Court grant us leave to file in paper form rather than electronically, Defendant's Response To Plaintiff's Counterstatement Of Proposed Findings of Uncontroverted Fact.

Case 1:03-cv-02794-TCW

Document 57

Filed 05/08/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director

OF COUNSEL: DONALD A. BRITTENHAM, JR. Attorney Department of Agriculture

s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St., N.W. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

May 8, 2006

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Case 1:03-cv-02794-TCW

Document 57

Filed 05/08/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on May 8, 2006 a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE PAPER VERSION OF DEFENDANT'S RESPONSE TO PLAINTIFF'S COUNTERSTATEMENT OF PROPOSED FINDINGS OF UNCONTROVERTED FACT" 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/ David B. Stinson DAVID B. STINSON