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

Case 1:02-cv-00796-FMA

Document 39

Filed 06/23/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-796C (Judge Allegra)

DEFENDANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL AUTHORITY Defendant respectfully requests this Court to grant leave to file this notice of supplemental authority in support of defendant's pending dispositive motion. In Doe v. United States, ___ F.3d ___ (Fed. Cir. June 23, 2004), available at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=Fed&navby=case&no=035075, the United States Court of Appeals for the Federal Circuit held that Federal employees are not entitled to overtime compensation unless an authorized official ordered or approved the overtime work in writing, as required by th Federal Employees Pay Act of 1945, 5 U.S.C. § 5542, and the implementing regulation. In reaching this decision, the Court relied upon Schweiker v. Hansen, 450 U.S. 785, 790 (1981), which said, "A court is no more authorized to overlook the valid regulation requiring that applications be in writing than it is to overlook any other valid requirement for the receipt of benefits." This decision supports our argument that ISN's contract cannot be modified except by a Standard Form 30 that has been signed by the contracting officer.

Case 1:02-cv-00796-FMA

Document 39

Filed 06/23/2004

Page 2 of 2

For the reasons set forth above, the Court should grant this motion for leave to file this notice of subsequent supplemental authority. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Brian M. Simkin by/ Mark A. Melnick BRIAN M. SIMKIN Assistant Director

s/ Doris S. Finnerman DORIS S. FINNERMAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Phone:(202) 307-0300 Fax: (202) 305-7643 Attorneys for Defendant

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