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

Case 1:06-cv-00150-CCM

Document 26

Filed 03/26/2007

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

No. 06-150C (Judge Block)

DEFENDANT'S UNOPPOSED MOTION FOR FOR LEAVE TO FILE CORRECTED BRIEF Pursuant to Rule 7 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant requests leave to file a corrected brief in the above captioned matter. On March 23, 2007, defendant filed the "DEFENDANT/CROSS-CLAIMANT'S RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT" with the Court. In so doing, defendant inadvertently omitted the declaration of Kevin Durkin, its statement of proposed findings of fact and responses to plaintiff's proposed findings of fact from its filing. All three documents were prepared, signed, and otherwise available for filing on March 23, 2007, but defendant's counsel mistakenly failed to include them as part if the Government's electronic filing. We therefore respectfully request that the Court grant the defendant leave to file a corrected response and motion containing the missing documents.1 Plaintiff's counsel has been contacted and does not oppose this request. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

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We note that the corrected brief also contains a correction to the table of contents.

Case 1:06-cv-00150-CCM

Document 26

Filed 03/26/2007

Page 2 of 3

JEANNE E. DAVIDSON Director 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 St., N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 514-4678 Attorneys for Defendant March 26, 2007

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Case 1:06-cv-00150-CCM

Document 26

Filed 03/26/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 26th day of March 2007, a copy of the foregoing "Unopposed Motion for Leave to File Corrected Brief" 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

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