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

Case 1:97-cv-00381-FMA

Document 263

Filed 06/07/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________________________________________________

FRANCONIA ASSOCIATES, a Limited Partnership, et al., Plaintiffs, v. THE UNITED STATES Defendant. ______________________________________________________________________________ MOTION FOR LEAVE TO FILE JOINT STATUS REPORT Plaintiff Franconia Associates, L.P., hereby moves for leave to file the parties' Joint Status Report dated June 3, 2005, which is being submitted to the Court contemporaneously herewith. Pursuant to the Court's Order of June 1, 2005, the status report was due on June 3, 2005. The parties reached agreement regarding the terms of the Joint Status Report on June 3, 2005. The parties also agreed that plaintiff would electronically file the report with the Court that day. Counsel for plaintiff therefore attempted to complete the filing several times Case No. 97-381C Judge Francis M. Allegra

throughout the evening of June 3, 2005, starting at around 6:45 p.m. EST and continuing until about 12:00 a.m. EST. Each time counsel attempted to file the document, however, the system would not permit the filing to be completed. To be specific, counsel received an error message referring to "error code 71. -1" and "error code 70. -1" each time counsel attempted to complete the final step of the filing process. Counsel for plaintiff is aware, based on a notification sent out on June 1, 2005, that the Court's electronic filing system was unavailable for part of the day on June 4, 2005. Counsel

Case 1:97-cv-00381-FMA

Document 263

Filed 06/07/2005

Page 2 of 2

also understands that the parties' inability to complete the filing at issue on June 3, 2005 may have related to the system maintenance that was performed on June 4, 2005. Plaintiff also notes that neither party will be prejudiced by the granting of this motion. Accordingly, plaintiff requests that the Court, for good cause shown, grant this Motion for Leave and accept for filing the parties' Joint Status Report dated June 3, 2005, which is being filed with the Court contemporaneously herewith.

Dated: June 7, 2005 Filed Electronically s/ Jeff H. Eckland Jeff H. Eckland Mark J. Blando, Of Counsel ECKLAND & BLANDO LLP 700 Lumber Exchange 10 South Fifth Street Minneapolis MN 55402 Tele: 612-305-4444 Fax: 612-305-4439

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