Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:03-cv-01216-JPW

Document 21

Filed 09/25/2003

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

No. 03-1216C (Senior Judge Wiese)

PLAINTIFF'S MOTION FOR LEAVE TO EXCEED THE PAGE LIMITATION Pursuant to RCFC 5.2(b)(1), Plaintiff Placid Holding Company ("Placid") respectfully requests leave to exceed the page limitation for Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Placid seeks leave to exceed the page limitation because of the complexity and importance of the issues raised in this case. This case involves allegations that, during the last twenty years, the Defense Energy Support Center ("DESC") has profited from its own violation of the law by illegally establishing the price of military fuel. Litigation involving DESC's illegal prices has been ongoing for longer than a decade. MAPCO Alaska Petroleum, Inc. v. United States, 27 Fed Cl. 405 (1992). Currently, more than $2 billion in claims are pending against DESC. Placid's claims alone involve five contracts and the sale of approximately $159 million of military fuel. These claims involve a number of significant issues relating to the substance of DESC's violation of the law, the nature of the remedy available, and the measure of recovery. Resolution of this case will implicate important precedential issues affecting this Court as a forum for relief from the government's disregard of the rule of law. Placid believes that this case can be expedited by addressing these issues fully at this time, and believes that it is in the interests of justice to raise these issues in one motion rather

Case 1:03-cv-01216-JPW

Document 21

Filed 09/25/2003

Page 2 of 2

than in a series of motions. Moreover, reminiscent of Winstar, DESC has adopted a transparent strategy of re- litigating established law with a clear view toward appeal. Responding to this strategy is complicated by the necessity to address in detail the contradictory legal and factual positions DESC has advanced during the last decade. It is therefore essential that the Court have the benefit of a complete factual and legal record. CONCLUSION For the foregoing reasons, Placid respectfully requests that its Motion for Leave to Exceed the Page Limitation be granted.

Respectfully submitted,

s/ J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5208 (Fax) Counsel for Plaintiff Placid Holding Company Of Counsel: Michael J. Farley Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, DC 20006 September 25, 2003

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