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

Case 1:07-cv-00729-RHH

Document 14

Filed 10/17/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS RECON OPTICAL, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-729C (Sr. Judge Hodges, Jr.)

DEFENDANT'S MOTION FOR LEAVE TO FILE A MEMORANDUM Defendant respectfully requests that the Court grant defendant leave to file the appended copy of an October 17, 2007 memorandum signed by Mr. Robert J. Parise. Counsel has

not had the opportunity to address this matter with counsel for plaintiff and for intervenor. The memorandum addresses an issue we expect will be addressed at the hearing on October 18, 2007. Given the

pendency of the hearing, counsel considered this motion to be the most expeditious manner in which to advise both the Court and the other parties of this contents of this memorandum prior to the hearing. In moving the Court to file this memorandum, we do not seek at this juncture for the Court to determine whether this memorandum is properly a part of the administrative record which should be considered in determine whether the agency's action under review is arbitrary or capricious.

Case 1:07-cv-00729-RHH

Document 14

Filed 10/17/2007

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For the reason set forth above, the Court should grant this motion and file the appended memorandum. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director DEBORAH A. BYNUM Assistant Director s/John S. Groat JOHN S. GROAT Trial Attorney Commercial Litigation Branch Civil Division 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Telephone: (202) 616-8260 Facsimile: (202) 514-7965 E-mail:[email protected] October 17, 2007

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Case 1:07-cv-00729-RHH

Document 14

Filed 10/17/2007

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CERTIFICATE OF FILING I hereby certify that on October 17, 2007, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE A MEMORANDUM" 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/John S. Groat

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