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

Case 1:07-cv-00272-ECH

Document 29

Filed 04/07/2008

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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)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED APPENDIX Defendant respectfully requests the Court's permission to file a corrected version of volume I of the appendix to our response to plaintiffs' motion for partial summary judgment and reply to plaintiffs' opposition to defendant's motion for summary judgment and motion to dismiss. Plaintiffs' counsel has

authorized us to state that he has no objection to the granting of this motion. We initially filed our appendix on March 12, 2008. Since

that time, it has come to our attention that we inadvertently included the wrong version of Mr. Gregory Dunne's declaration in volume I of our appendix. A revised copy of volume I of our

appendix containing the proper version of Mr. Dunne's declaration is being submitted along with this motion. Accordingly, we respectfully request that the Court grant this motion for leave to file a corrected appendix. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

Case 1:07-cv-00272-ECH

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Filed 04/07/2008

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JEANNE E. DAVIDSON Director S/Hillary A. Stern HILLARY A. STERN Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0177 Facsimile: (202) 305-7643 Attorneys for Defendant April 7, 2008

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Case 1:07-cv-00272-ECH

Document 29

Filed 04/07/2008

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CERTIFICATE OF FILING I hereby certify that on this 7th day of April 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED APPENDIX " 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. access this filing through the Court's system. Parties may

/s/ Hillary A. Stern

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