Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:06-cv-00247-EJD

Document 16

Filed 09/20/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Murphy Pork Partners, LLC, Wendell H. Murphy, Jr., a Partner Other Than Tax Matters Partner, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. § § § § § § § § § § §

Case No. 1:06-CV-00247 Chief Judge Edward J. Damich

JOINT MOTION TO FILE APPENDIX TO JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL Plaintiff Murphy Pork Partners, LLC ("Plaintiff") and Defendant the United States of America ("Defendant") (collectively the "Parties") respectfully request that the Court grant them leave to file the Appendix to the Joint Preliminary Status Report ("JPSR") via CD-ROM and to file certain exhibits to the JPSR under seal to preserve the confidential nature of those exhibits. In support of this Motion, the Parties show the Court as follows: 1. Filing Appendix in CD-Rom Format. The Parties have been ordered to attach

"as an appendix to the JPSR, copies of material portions of any documents ... relevant to ... disputed facts" including "relevant contractual documents, correspondence between the parties, and damage computations" and "records of prior ... agency proceedings relative to the claims in this case." See Special Procedures Order (Revised May 19, 2006) ¶ 7.a. 2. The Parties anticipate that the number and volume of exhibits to be attached to the

Appendix to the JPSR will exceed the limits of the electronic filing system. The Parties are planning to file copies of tax opinions, tax returns, transaction documents, brokerage statements, and certain documents relevant to jurisdiction.
JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
342747

Page 1

Case 1:06-cv-00247-EJD

Document 16

Filed 09/20/2006

Page 2 of 4

3.

Permitting the Appendix to be filed in CD-ROM form would be more expeditious

and effective than providing the Appendix to the Court by any other means. 4. Filing Tax Returns and Personal Financial Information Under Seal. The

Parties anticipate filing federal income tax returns and other financial documents for the individuals and entities involved in these proceedings that contain personal information that is confidential and should not be disclosed to the public. 5. Because the Appendix to the JPSR is a public document, the portion of the

Appendix containing federal income tax returns and personal financial information must be sealed to protect the confidential nature of those documents. 6. In light of the foregoing, the Parties respectfully request that the Court grant them

leave to file the Appendix to the JPSR via CD-ROM and to file exhibits to the JPSR containing tax returns and personal financial information under seal to preserve the confidential nature of those exhibits. The Parties request further and additional relief to which they may be entitled.

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
342747

Page 2

Case 1:06-cv-00247-EJD

Document 16

Filed 09/20/2006

Page 3 of 4

Respectfully submitted, FOR PLAINTIFF s/Joel N. Crouch Joel N. Crouch M. Todd Welty Anthony P. Daddino MEADOWS, OWENS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF MURPHY PORK PARTNERS, LLC FOR DEFENDANT s/Dennis M. Donohue by permission Dennis M. Donohue, Esq. US Department of Justice - Tax Division Civil Trial Section, Northern Region P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 JOHN A. LINDQUIST Trial Attorney DAVID STEINER Trial Attorney ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
342747

Page 3

Case 1:06-cv-00247-EJD

Document 16

Filed 09/20/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on September 20, 2006, I electronically filed the foregoing pleading with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Dennis M. Donohue, Esq. United States Department of Justice Tax Division Civil Trial Section, Northern Region P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 /s/ Joel N. Crouch Joel N. Crouch

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
342747

Page 4