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

Case 1:07-cv-00759-LAS

Document 19

Filed 11/08/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EZENIA!, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-759C (Sr. Judge Loren Smith)

MOTION FOR LEAVE TO FILE ADMINISTRATIVE RECORD ON CD-ROM AND TO WAIVE PAPER COPY Defendant, the United States, respectfully requests leave to file the administrative record utilizing a CD-ROM. This case is designated for electronic filing using the Court's CM/ECF system. The administrative record in this case will exceed the two megabyte size limitation applicable to electronic files, Rules of the United States Court of Federal Claims ("RCFC") General Order 42A ¶ 4, and the 50-page limitation requiring printed documents, RCFC General Order 42A ¶ 5. In addition, a sealed administrative record may not be filed electronically unless authorized by the Court. RCFC General Order 42A ¶ 7. Counsel for plaintiff has been contacted and will not oppose this motion. The administrative record consists of a large number of documents. These materials can most efficiently be delivered to the Court and to the parties on a CD-ROM. This method will provide efficient and easy access to the administrative record by the parties and the Court. Filing on CD-ROM also provides the most efficient and secure method for submission of the administrative record under seal. Because of the portability and ease of manipulation of the documents on a CD-ROM, we also respectfully request that the Court waive the requirement of RCFC General Order 42A ¶ 5

Case 1:07-cv-00759-LAS

Document 19

Filed 11/08/2007

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that an additional paper copy be supplied to the Court. For these reasons, defendant respectfully requests that this motion for leave to file on CD-ROM and to waive the additional paper copy be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

S/DONALD E. KINNER DONALD E. KINNER Assistant Director OF COUNSEL: PETER F. PONTZER, Esq. Trial Attorney United States Army Contract Appeals Division 901 North Stuart Street Arlington VA 22203 S/MICHAEL D. AUSTIN MICHAEL D. AUSTIN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 616-0321 Fax: (202) 305-7644 Attorneys for Defendant

Dated: November 8, 2007

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Case 1:07-cv-00759-LAS

Document 19

Filed 11/08/2007

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CERTIFICATE OF FILING I hereby certify that on this 8th day of November 2007, a copy of the foregoing "MOTION FOR LEAVE TO FILE ADMINISTRATIVE RECORD ON CD-ROM AND TO WAIVE PAPER COPY" 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/ Michael D. Austin