Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

Document 66

Filed 05/16/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 06-245T, 06-246T, and 06-247T (Consolidated) MURFAM FARMS, LLC, § By and Through Wendell H. Murphy Jr., § a Partner Other Than Tax Matters Partner, § § PSM FARMS, LLC, § By and Through Stratton K. Murphy, § a Partner Other Than Tax Matters Partner, § § MURPHY PORK PARTNERS, LLC, § By and Through Wendell H. Murphy, Jr., § a Partner Other Than Tax Matters Partner, § § Plaintiffs, § § v. § § UNITED STATES OF AMERICA, § § Defendant. § PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 65 Plaintiffs MURFAM Farms, LLC, PSM Farms, LLC, and Murphy Pork Partners, LLC, (collectively, "Plaintiffs"), hereby move this Court for leave to correct the filing of their SurReply: 1. 2. 3. 4. On May 16, 2008, Plaintiffs filed with this court a Sur-Reply in the above styled case. Plaintiffs intended to submit the filed pleading as a Reply, rather than a SurReply. Plaintiffs believe it is necessary and desirable to correct this filing to reflect its proper nature. Counsel for Plaintiffs has contacted counsel for Defendant, who advised that Defendant does not oppose the granting of this Motion.

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO 65­ Page 1 367379

Case 1:06-cv-00245-EJD

Document 66

Filed 05/16/2008

Page 2 of 4

WHEREFORE, Plaintiffs respectfully request that this Motion be granted, and that the Court correct Docket Entry No. 65 to designate the filed Sur-Reply as Plaintiffs' Reply Motion to the United States' Response to its Motion to Exclude Government Expert David LaRue. Respectfully submitted, By: s/Joel N. Crouch __ Joel N. Crouch State Bar No. 05144220

MEADOWS, 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] ATTORNEYS FOR PLAINTIFFS

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO 65­ Page 2 367379

Case 1:06-cv-00245-EJD

Document 66

Filed 05/16/2008

Page 3 of 4

CERTIFICATE OF CONFERENCE On this the 16th day of May, 2008, counsel for Plaintiffs contacted counsel for the United States, David Steiner, regarding the relief sought in this Motion. Counsel for the United States stated that it did not oppose the granting of this Motion.

s/Anthony P. Daddino

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO 65­ Page 3 367379

Case 1:06-cv-00245-EJD

Document 66

Filed 05/16/2008

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on May 16, 2008, a copy of the foregoing Unopposed Motion for Leave to Correct Docket Entry No. 65 was served upon counsel listed below via electronic means. Via Electronic Means Dennis Donahue John Lindquist David M. Steiner United States Department of Justice Tax Division P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 Via Federal Express Joseph Pitzinger, Esq. United States Department of Justice Tax Division 717 North Harwood Suite 400 Dallas, Texas 75201 Attorneys for the United States

s/Joel N. Crouch Joel N.Crouch

PLAINTIFFS' REPLY TO THE UNITED STATES' OPPOSITION TO ITS MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE VALIDITY OF TREASURY REGULATION § 1.752-6 ­ Page 4 367352