Free Notice (Other) - District Court of Federal Claims - federal

Case 1:07-cv-00279-LMB

Document 10

Filed 08/06/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THEODORE FATHAUER et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-279C (Judge Baskir)

DEFENDANT'S NOTICE OF INTENT TO PROCEED BY DISPOSITIVE MOTION Pursuant to paragraph 2 of the Court's May 22, 2007 Special Procedures Order (the "SPO"), defendant, the United States, respectfully submits this notice of intent to proceed by dispositive motion in lieu of an answer. Pursuant to paragraph 3 of the SPO, we are not filing our dispositive motion at this time, and this Notice satisfies the defendant's obligation to answer or otherwise respond to the plaintiffs' complaint under the Rules of the Court of Federal Claims. Pursuant to paragraphs 2 and 4 of the SPO, we will briefly identify the factual and legal bases for our anticipated dispositive motion in the forthcoming Joint Preliminary Status Report. Pursuant to paragraphs 3 and 4 of the SPO, we anticipate filing our dispositive motion in accordance with the briefing schedule recommended by the parties in the JPSR, as altered (if necessary) and finally approved by the Court at the Preliminary Status Conference.

Case 1:07-cv-00279-LMB

Document 10

Filed 08/06/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Mark A. Melnick MARK A. MELNICK Assistant Director /s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 514-8624 August 6, 2007 Attorneys for Defendant

Case 1:07-cv-00279-LMB

Document 10

Filed 08/06/2007

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on August 6, 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF INTENT TO PROCEED BY DISPOSITIVE MOTION" 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/ Devin A. Wolak DEVIN A. WOLAK