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

Case 1:01-cv-00479-FMA

Document 32

Filed 01/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

UNITEDHEALTHCARE OF ILLINOIS, INC., Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

No. 01-479C (Judge Allegra)

MOTION FOR LEAVE TO FILE STATUS REPORT OUT OF TIME Defendant, the United States, respectfully requests that the Court grant leave for the Government to file the accompanying joint status report out of time. The joint status report was due December 13, 2004. The grounds for this motion are set forth below. A settlement agreement in the above-referenced action was countersigned by the Government shortly after the parties submitted their previous status report, which was filed October 12, 2004. The parties had agreed that the stipulation of dismissal would not be filed until after the settlement proceeds were paid. In a letter dated December 7, 2004, plaintiff's counsel authorized the Government to file the stipulation of dismissal. Because the Government did not file the stipulation of dismissal prior to the deadline for filing the joint status report, a joint status report should have been filed on December 13, 2004. However, counsel for the Government inadvertently had not docketed the December 13, 2004 deadline for filing the status report. Consequently, a status report was not prepared or filed. Undersigned counsel apologizes for any inconvenience caused by his oversight and the late filing of the status report. We note that the stipulation of dismissal has now been filed.

Case 1:01-cv-00479-FMA

Document 32

Filed 01/24/2005

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director s/ Richard P. Schroeder RICHARD P. SCHROEDER Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Commercial Litigation Branch 1100 L Street, N.W. Washington, DC 20530 (202) 305-7562 Facsimile: (202) 353-7988 Attorneys for Defendant Dated: January 24, 2005

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Case 1:01-cv-00479-FMA

Document 32

Filed 01/24/2005

Page 3 of 3

Certificate of Filing

I hereby certify that on January 24, 2005, a copy of foregoing MOTION FOR LEAVE TO FILE STATUS REPORT OUT OF TIME 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/ Richard P. Schroeder Richard P. Schroeder