Free Response - District Court of Federal Claims - federal

Case 1:07-cv-00272-ECH

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Filed 04/09/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ MARK G. ABBEY, et al. ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _ )

No. 07-272C Judge Emily C. Hewitt

PLAINTIFFS' REPLY TO COURT ORDER TO PROVIDE FAA ORDERS

Pursuant to this Court's order of April 2, 2008, the Plaintiffs, on behalf of both parties and with the concurrence of counsel for defendant, respectfully submit the requested FAA orders, which were referenced, but not included, in Plaintiffs' Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment and Motion to Dismiss (Plaintiffs' Motion), and Defendant's Reply to Plaintiffs' Opposition to Defendant's Partial Motion to Dismiss and Partial Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment (Defendant's Reply). Defendant's Reply references FAA Orders 3550.10 and 3550.15 as the FAA's compensatory time policies that accompany the FAA personnel management system. FAA Order 3550.10 is the FAA's Pay Administration and is a document that is more than 300 pages long. The parties are submitting the index only for this document. The complete version of this document is available online on the FAA's website at: https://employees.faa.gov/org/staffoffices/ahr/policy_guidance/compensation/. If the Court so wishes, the parties will submit a hard copy to the court of the Order in its entirety. The parties are submitting FAA Order 3550.15 (FEPCA of 1990), a 38 page document, in its entirety. The

Case 1:07-cv-00272-ECH

Document 32

Filed 04/09/2008

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parties also note that the "FAA Pay Order" referenced in the appendix to Plaintiffs' Motion is, in fact, an excerpt of relevant sections from FAA Order 3550.10 referenced above. The parties inadvertently failed to respond to the Court's Order and apologize to the Court for the delay in submitting these documents referenced in their materials.

Respectfully submitted,

Dated: April 9, 2008

/s/ Gregory K. McGillivary Gregory K. McGillivary WOODLEY & MCGILLIVARY 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 (202) 833-8855 (Telephone) (202) 452-1090 (Facsimile) Counsel of Record

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Case 1:07-cv-00272-ECH

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CERTIFICATE OF SERVICE I hereby certify that Plaintiffs' Reply to Court Order to Provide FAA Orders was electronically filed on this 9th day of April with the Clerk of the Court using the CM/ECF System which will send notification of such filing to defendant's attorney: Hillary A. Stern Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 (202) 616-0177 (telephone) (202) 305-7643 (facsimile)

/s/ Gregory K. McGillivary Gregory K. McGillivary