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

Case 1:99-cv-02051-LAS

Document 45

Filed 10/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ATHEY, ROBERT M., et al., Plaintiffs, v.

THE UNITED STATES, Defendant.

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C.A. No. 99-2051C (Senior Judge Smith)

DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR LEAVE TO FILE PLAINTIFF'S FOURTH AMENDED CLASS ACTION COMPLAINT Defendant, the United States, respectfully submits this response to plaintiff, Robert M. Athey, motion for leave to file plaintiff's fourth amended class action complaint, filed on September 26, 2007. Pursuant to Rule 15 of the Rules of this Court, the Government states that it does not oppose plaintiff's motion to amend the complaint. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director /s/ Todd M. Hughes TODD M. HUGHES Deputy Director

Case 1:99-cv-02051-LAS

Document 45

Filed 10/14/2007

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OF COUNSEL: KATE M. RYAN General Attorney U.S. Department of Veterans Affairs 801 Vermont Ave. NW Washington, DC 20420 /s/ Sharon A. Snyder SHARON A. SNYDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., NW, 8th Floor Washington, D.C. 20530 (202) 616-0347 Attorneys for Defendant

October 14, 2007

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Case 1:99-cv-02051-LAS

Document 45

Filed 10/14/2007

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CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 14th day of October, 2007, a copy of foregoing "DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR LEAVE TO FILE PLAINTIFF'S FOURTH AMENDED CLASS ACTION COMPLAINT" 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/ Sharon A. Snyder