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

Case 1:03-cv-00289-FMA

Document 136

Filed 01/17/2007

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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 FOR LEAVE TO FILE ONE DAY OUT OF TIME Pursuant to the Court's order dated January 9, 2007, and Rules 6 and 6.1 of the Court's Rules, defendant, the United States, respectfully requests the Court to allow the attached documents to be filed one day out time. As required by paragraph 1 of the January 9 order, the attached documents include copies of all documents provided to plaintiff to comply with paragraph 3(a) of the September 8, 2006 document preservation order. The January 9 order directed us to file these documents on or before January 16, 2007. However, we missed that deadline owing to a clerical error by undersigned counsel in attempting to insert it into his electronic calendar. We regret any resulting inconvenience. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen by Mark A. Melnick DAVID M. COHEN Director

Case 1:03-cv-00289-FMA

Document 136

Filed 01/17/2007

Page 2 of 3

OF COUNSEL: KATHLEEN HALLAM Chief Trial Attorney Defense Supply Center Philadelphia

s/Kyle Chadwick KYLE CHADWICK Senior Trial Counsel 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 17, 2006

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Case 1:03-cv-00289-FMA

Document 136

Filed 01/17/2007

Page 3 of 3

CERTIFICATE OF FILING I certify that on January 17, 2007, the attached was filed electronically. I understand that service is complete upon filing and parties and others may access this filing through the Court's electronic system.

s/Kyle Chadwick

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