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

Case 1:07-cv-00322-JPW

Document 17

Filed 06/22/2007

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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 TO FILE THIRD SET OF DECLARATIONS Pursuant to the oral order of the Court at a status conference on June 20, 2007, defendant, the United States, respectfully submits the attached declarations of Mr. Jenkins and Mr. Truskowski, both dated June 22, 2007. The Court requested that witnesses address the eight categories of documents listed at pages A25-2 and A25-3 of Exhibit A to the Jenkins declaration, filed June 19, 2007. response can be summarized as follows: 1. Included in alternate offer. Truskowski June 22, at ¶ 4.1 2. Included in alternate offer. Truskowski June 22, at ¶ 5. Our

1

"Truskowski June 22" refers to the declaration of Paul

Truskowski, dated June 22, 2007.

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3.

Not included; not needed. Truskowski June 22, at ¶ 6; see Jenkins June 22, at ¶ 2-3 (quality history reviewed by computer).2

4.

Not included; functionally equivalent information provided. Truskowski June 22, at ¶ 7; see Jenkins June 22, at ¶ 2-3 (quality history reviewed by computer).

5.

Included in the alternate offer. Truskowski June 22, at ¶ 8.

6.

Included in the alternate offer. Truskowski June 22, at ¶ 9; see Jenkins June 22, at ¶ 2-3 (quality history reviewed by computer).

7.

Not included; functionally equivalent information provided. Truskowski June 22, at ¶ 10; see Jenkins June 22, at ¶ 2-3 (quality history reviewed by computer).

8.

Not included; not needed. Truskowski June 22, at ¶ 11.

In summary, the alternate offer contained the information needed by Mr. Truskowski to perform his technical review. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

2

"Jenkins June 22" refers to the declaration of David A.

Jenkins, dated June 22, 2007.

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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 June 22, 2007 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on June 22, 2007, a copy of the foregoing "DEFENDANT'S MOTION TO FILE THIRD SET OF DECLARATIONS" 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. S/ James W. Poirier Parties may access this filing through