Free Motion to Strike - District Court of Federal Claims - federal

Case 1:03-cv-00289-FMA

Document 33

Filed 01/06/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS UNITED MEDICAL SUPPLY COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 03-289C (Judge Allegra)

DEFENDANT'S MOTION TO STRIKE EXHIBITS A, B, AND C OF PLAINTIFF'S OPPOSITION BRIEF The United States respectfully requests the Court to strike from the briefing on summary judgment the eight unnumbered pages of argument attached as Exhibits A, B, and C to plaintiff's brief in opposition to our cross-motion for summary judgment. Pursuant to Rule 5.2(b)(2), plaintiff's opposition and reply is limited to 30 pages, absent leave of the Court. Plaintiff

filed a 28-page brief, but supplemented it with three "exhibits," newly written by counsel, raising (irrelevant) evidentiary "objections" to evidence submitted by the Government. Nothing in

the Court's Rules permits such supplementation as a means of evading the Court's page limits. For that reason, we In the

respectfully request that the exhibits be stricken.

alternative, only the two-page Exhibit A should be accepted, granting plaintiff a total of 30 pages of argument.

Case 1:03-cv-00289-FMA

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Filed 01/06/2004

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/Kyle Chadwick KYLE CHADWICK Trial Attorney Commercial Litigation Branch Department of Justice Attn: Classification, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant January 6, 2004

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Case 1:03-cv-00289-FMA

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Filed 01/06/2004

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CERTIFICATE OF FILING I certify that on January 6, 2004, the foregoing motion 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. the Court's system. Parties may access this filing through

s/Kyle Chadwick

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