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

Case 1:06-cv-00150-CCM

Document 50

Filed 05/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS VERIDYNE CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-150C (Judge Christine O.C. Miller)

DEFENDANT'S MOTION FOR LEAVE TO FILE OUT OF TIME On May 2, 2008, this Court issued an order requiring the defendant to submit a status report on or before May 9, 2008. Defendant's counsel prepared a status report on the morning of May 9, 2008, which he submitted for review prior to traveling to Denver, Colorado. Defendant's counsel intended to file the status report from Denver that evening, after receiving word that the filing had been approved. Due to a mis-communication between defendant's counsel and his supervisor, however, defendant's counsel did not receive approval to file the status report on May 9, 2008. We apologize to the Court for any confusion or inconvenience caused by the Government's failure to file its status report on May 9, 2008, and respectfully request leave to file the attached status report out of time.

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:06-cv-00150-CCM

Document 50

Filed 05/12/2008

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s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/ Robert E. Chandler ROBERT E. CHANDLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 514-4678 Attorneys for Defendant May 12, 2008

Case 1:06-cv-00150-CCM

Document 50

Filed 05/12/2008

Page 3 of 3

CERTIFICATE OF FILING

I hereby certify that on this 12th day of May 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE OUT OF TIME" 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/ Robert E. Chandler