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

Case 1:93-cv-00531-LAS

Document 203

Filed 10/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

AMBASE CORPORATION AND CARTERET BANCORP, INC.,

) ) ) Plaintiffs, ) ) and ) ) THE FEDERAL DEPOSIT INSURANCE ) CORPORATION, ) ) Plaintiff-Intervenor, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

No. 93-531C (Senior Judge Loren Smith)

UNOPPOSED MOTION FOR LEAVE TO FILE GOVERNMENT'SRESPONSE TO FDIC'S RESPONSE TOAMBASE'S STATEMENT OF ISSUES Pursuant to Rule 7(b) of the Rules of the Court of Federal Claims, defendant, the United States, hereby seeks leave to file the Government's Response To FDIC's Response To Ambase's Statement Of Issues ("Government Response"). While the scheduling order dated September 6, 2006, does not provide for the filing of a Government response to the FDIC's Response To Ambase's Statement Of Issues, the Government should be permitted to file a response because the Government and FDIC are opposing parties in the litigation. The undersigned has discussed this motion with counsel for Ambase and the FDIC and they consent to the motion. For these reasons, we respectfully request that our motion for leave be granted.

Case 1:93-cv-00531-LAS

Document 203

Filed 10/19/2006

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Respectfully submitted,

STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director JEANNE E. DAVIDSON Deputy Director WILLIAM F. RYAN Assistant Director S/ David A. Levitt DAVID A. LEVITT Trial Attorney U.S. Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: 202-307-0309

OF COUNSEL: TIMOTHY ABRAHAM ARLENE PIANKO GRONER MELINDA HART F. JEFFERSON HUGHES

October 19, 2006

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Case 1:93-cv-00531-LAS

Document 203

Filed 10/19/2006

Page 3 of 3

Certificate Of Filling I hereby certify that on October 19, 2006, a copy of the foregoing Unopposed Motion For Leave To File Government's Response To FDIC's Response To Ambase's Statement Of issues 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/David A. Levitt

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