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

Case 1:07-cv-00322-JPW

Document 35

Filed 08/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INPUT/OUTPUT TECHNOLOGY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-322C (Senior Judge Wiese)

DEFENDANT'S MOTION FOR LEAVE TO FILE TWO PAPER COPIES OF THE ADMINISTRATIVE RECORD Defendant, the United States, respectfully requests that the Court grant it leave to file two paper copies of the administrative record, in lieu of electronic filing. For the convenience of the Court, we have attached to this electronic filing a copy of the index to the administrative record. For the convenience of the Clerk, we shall place a copy of this electronic filing with the binders delivered to the Clerk's office. As discussed in various status conferences, the United States contends that the declaration of Mr. Drapala is not properly a part of the administrative record. our argument. We do not waive

However, for the convenience of the Court, we are

filing Mr. Drapala's declaration together with the other materials.

Case 1:07-cv-00322-JPW

Document 35

Filed 08/14/2007

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For these reasons, we respectfully request that our motion for leave be granted. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 August 14, 2007 Attorneys for Defendant

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Case 1:07-cv-00322-JPW

Document 35

Filed 08/14/2007

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CERTIFICATE OF FILING I hereby certify that on August 14, 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE TWO PAPER COPIES OF THE ADMINISTRATIVE RECORD" 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. may access this filing through the Court's system. S/ James W. Poirier Parties