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

Case 1:07-cv-00250-CCM

Document 16

Filed 09/24/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PAUL D. RIPPA, Plaintiff, v. THE UNITED STATES, Defendant

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No. 07-250C (Judge Christine O.C. Miller)

DEFENDANT'S UNOPPOSED MOTION TO FILE A SURREPLY Defendant, the United States, respectfully requests that this Court allow it to file a surreply to Plantiff's Surreply to Defendant's Motion to Dismiss. Defendant's counsel has spoken with plaintiff's counsel about this surreply who stated that he does not oppose this motion. On August 8, 2007, the Government filed its motion to dismiss plaintiff's complaint for lack of subject matter jurisdiction. On August 10, 2007, plaintiff filed his reply brief to the Government's motion. On August 23, 2007, the Government notified the Court that it had become aware of a new legal issue in this case, and filed a motion to extend the time to file its reply brief until September 10, 2007, and also sought permission to allow plaintiff to file a surreply to address the newly raised legal issue. The Court granted that motion to extend on August 23, 2007. Plaintiff filed its surreply on September 24, 2007. Because we raised new legal issues in our reply to our motion to dismiss, and because the moving party usually files the last brief in a dispositive motion, the Government respectfully seeks permission to file a surreply to plaintiff's surreply to our motion to dismiss. We ask for fifteen days, to and including October 9, 2007 to file this surreply.

Case 1:07-cv-00250-CCM

Document 16

Filed 09/24/2007

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/Carrie A. Dunsmore CARRIE A. DUNSMORE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tel: (202) 305-7576 Fax: (202) 514-8624 September 24, 2007 Attorneys for Defendant

Case 1:07-cv-00250-CCM

Document 16

Filed 09/24/2007

Page 3 of 3

Certificate of Filing I hereby certify that on this 24th day of September, 2007, a copy of "Defendant's Unopposed Motion To File A Surreply" 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/Carrie A. Dunsmore Carrie A. Dunsmore