Free Response to Motion - District Court of Federal Claims - federal

Case 1:07-cv-00006-FMA

Document 13

Filed 10/15/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-6 T (Judge Francis M. Allegra) PRINCIPAL LIFE INSURANCE COMPANY AND SUBSIDIARIES, Plaintiff v. THE UNITED STATES, Defendant

RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT AND REQUEST FOR SCHEDULING ORDER

Defendant, the United States, respectfully notifies the Court that it does not object to the granting of plaintiff's motion for leave to amend the complaint in this case, subject to the following caveats and requests: 1. Defendant's counsel has not yet been able to determine whether the Court

has or would have jurisdiction over the proposed amended complaint; 2. If the motion for leave to amend is granted, this case should be consolidated

with case number 07-706 T, in which the same new issues are raised for other tax years, which was filed by plaintiff on September 28, 2007, along with a Notice of DirectlyRelated Case (the instant case); and 3. If the motion for leave to amend is granted, defendant requests that the

answer to the amended complaint be due on the same day as the answer to the complaint in case number 07-706 T (currently, November 27, 2007).
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Case 1:07-cv-00006-FMA

Document 13

Filed 10/15/2007

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Respectfully submitted, 10/15/2007 s/ Mary M. Abate MARY M. ABATE Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6507 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/ David Gustafson Of Counsel

10/15/2007

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