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

Case 1:91-cv-01204-RHH

Document 1438

Filed 07/21/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS McDONNELL DOUGLAS CORPORATION and GENERAL DYNAMICS CORPORATION, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 91-1204C (Senior Judge Robert H. Hodges, Jr.)

DEFENDANT'S MOTION TO LEAVE TO FILE REPLY The defendant hereby requests the Court to grant leave for defendant to file a reply brief to plaintiffs' Response of McDonnell Douglas Corporation and General Dynamics Corporation, filed July 6, 2006. We have contacted plaintiffs to ascertain their position with respect to this motion for leave and, at their request, include the following statement from plaintiffs: After multiple hearings at which both sides gave comprehensive argument and the Court has already allowed each side one closing brief, "enough is enough," and further briefing is unnecessary. However, Plaintiffs do not object to Defendant's proposed filing, so long as it is limited to no more than 10 pages and raises no new issues. We request leave to file this reply brief because we believe that the exchange of briefs, following the recent arguments, has permitted the parties to clarify and synthesize their respective positions. In that regard, we hope this round of briefing will be assistance to the Court. As the United States is the party who bears the burden of proof under Lisbon Contractors, it is appropriate that the United States have an opportunity to reply to plaintiffs' response brief. See generally RCFC 5.2 (describing "initial," "opposition," and "reply" briefs).

Case 1:91-cv-01204-RHH

Document 1438

Filed 07/21/2006

Page 2 of 2

For these reasons, the defendant respectfully requests that the Court grant leave and permit defendant to file its rely brief. Respectfully submitted,

STUART E. SCHIFFER Deputy Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director s/Bryant G. Snee BRYANT G. SNEE PATRICIA M. McCARTHY Assistant Directors ALAN J. LO RE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tele. (202) 514-7300 Fax (202) 514-8624 Attorneys for Defendant Dated: July 21, 2006