Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:03-cv-01216-JPW

Document 6

Filed 07/07/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PLACID HOLDING COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 03-1216C (Judge Wiese)

DEFENDANT'S MOTION UPON BEHALF OF THE PARTIES TO PERMIT FILING OF DISPOSITIVE MOTION WITHOUT PRETRIAL CONFERENCE Pursuant to the Court's special procedures order, defendant respectfully submits this motion concerning its intent to respond to the complaint by motion in lieu of an answer and, upon behalf of the parties, requests that defendant be permitted to file its motion for summary judgment on or before August 15, 2003, without a preliminary status conference. This case is one of many now pending before this Court concerning contracts between various fuel suppliers and the Defense Energy Support Center ("DESC"). In all of those cases, including three subject to the special procedures order applicable here (ConocoPhillips v. United States, Fed. Cl. No. 02-1367C (Wiese, J.), ExxonMobil v. United States, Fed. Cl. No. 02-1217C (Wiese, J.), and Williams v. United States, Fed. Cl. No. 02-705C (Wiese, J.)), the parties have filed cross motions for partial summary judgment. In ConocoPhillips and ExxonMobil, the Court, noting its decision in Williams to proceed with summary judgment, permitted the parties to proceed with summary judgment motions without a preliminary status conference. The parties agree that the preliminary status conference should be waived. Instead, the parties request that defendant file its motion for summary judgment on or before August 15, 2003, and that responses and replies ensue at times specified by applicable Court rules.

Case 1:03-cv-01216-JPW

Document 6

Filed 07/07/2003

Page 2 of 3

For these reasons, defendant, upon behalf of the parties, requests the Court to permit defendant to file a motion for partial summary judgment on or before August 15, 2003, without a preliminary status conference. Respectfully submitted, Peter D. Keisler Assistant Attorney General

DAVID M. COHEN Director

OF COUNSEL: BERNARD A. DUVAL Counsel HOWARD M. KAUFER Assistant Counsel Office of General Counsel Defense Energy Support Center Ft. Belvoir, VA

STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Fax: (202) 353-7988 Attorneys for Defendant

July 7, 2003

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Case 1:03-cv-01216-JPW

Document 6

Filed 07/07/2003

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on July 7, 2003, a copy of the foregoing document 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/ Steven J. Gillingham