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

Case 1:03-cv-02794-TCW

Document 37

Filed 02/10/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ACCEPTANCE INSURANCE ) COMPANIES INC., ) ) Plaintiff, ) ) No. 03-2794 v. ) (Judge Wheeler) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) DEFENDANT'S MOTION FOR LEAVE TO FILE PAPER APPENDIX Defendant, the United States, pursuant to this Court's General Order 42A, ¶¶ 4 and7, respectfully requests that the Court grant leave for defendant to file in paper form rather than electronically the appendix that supports defendant's renewed motion to dismiss or, in the alternative, for summary judgment. Our request is necessary for two reasons. First, the appendix contains excerpts from deposition transcripts that were designated as "Protected Information" for purposes of the protective order entered in this case. Second, the appendix is approximately 500 pages long. Filing and serving it in paper form (in a three-ring binder) will be more convenient for the Court and the parties. For the foregoing reasons, we respectfully request that the Court grant leave for defendant to file in paper form rather than electronically the appendix that supports defendant's renewed motion to dismiss or, in the alternative, for summary judgment.

Case 1:03-cv-02794-TCW

Document 37

Filed 02/10/2006

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

s/ Mark A. Melnick by Donald E. Kinner MARK A. MELNICK Assistant Director

OF COUNSEL: DONALD A. BRITTENHAM, JR. Attorney Community Development Division Office of the General Counsel U.S. Department of Agriculture 1400 Independence Ave., S.W. Washington, D.C. 20250

s/ John H. Williamson JOHN H. WILLIAMSON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L St., N.W., 8th floor Washington, D.C. 20530 Tel: (202) 307-0277 Fax: (202) 307-0972 Attorneys for Defendant

February 10, 2006

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Case 1:03-cv-02794-TCW

Document 37

Filed 02/10/2006

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 10th day of February, 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE PAPER APPENDIX" 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/ John H. Williamson