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

Case 1:06-cv-00123-FMA

Document 34

Filed 06/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________ No. 06-123 T (Judge Francis M. Allegra) EVERGREEN TRADING, LLC, by and through GLEN NUSSDORF AND CLAUDINE STRUM on behalf of GN INVESTMENTS, LLC, Partners Other Than the Tax Matters Partner, Plaintiffs v. THE UNITED STATES, Defendant ____________ MOTION FOR LEAVE TO FILE ATTACHED RESPONSE TO PLAINTIFFS' FILING OF REVISED PRIVILEGE LOG (NS Series Documents) ____________

The United States has reviewed plaintiffs' revised privilege log, filed on June 7, 2007. That privilege log discloses new information about the withheld documents and the applicability of work product protection to those documents. The United States seeks leave to file the attached response showing why this newly-disclosed information establishes that work product protection is not available for the vast majority of the withheld documents and providing a summary showing the application of these points to the individual withheld documents. This information should assist the Court in efficiently disposing of the pending discovery dispute.

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Case 1:06-cv-00123-FMA

Document 34

Filed 06/14/2007

Page 2 of 2

WHEREFORE, the United States requests the Court to allow leave for filing of the attached response to plaintiffs' revised privilege log. Respectfully submitted,

/s Stuart J. Bassin STUART J. BASSIN Attorney of Record for Defendant Department of Justice Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 TELEPHONE (202) 307-6418 FAX (202) 514-2507 E-MAIL: [email protected]

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section ADAM F. HULBIG Trial Attorney JOSEPH B. SYVERSON Trial Attorney Of Counsel June 14, 2007

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