Free Motion to Reassign Case - District Court of Federal Claims - federal

Case 1:06-cv-00115-SGB

Document 57

Filed 01/22/2007

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In the United States Court of Federal Claims
DANNY C. SIMONS AND SALLY J. SIMONS,) ) Electronic Filing Plaintiffs, ) ) No. 06-115C v. ) ) The Honorable Judge Braden THE UNITED STATES, ) ) Defendant.

PLAINTIFFS' MOTION TO DISQUALIFY THE COURT AND MOVE THE CASE TO ANOTHER JUDGE FOR A NEW TRIAL AND REPLY TO THE U.S.' RESPONSE
NOW COME THE PLAINTIFFS, by and through undersigned counsel pursuant to the Rules of the Court of Federal Claims `RCFC', and 28 U.S.C. 144 and 455 and Judicial Cannon 3 for the Court to disqualify itself, and assign the case for a new trial to another judge, based upon the attached memorandum of fact and law. So Signed this 21st day of January, 2007 ________/s/___________________ Susan Rose, (Utah Bar No. 7985) Counsel for the Plaintiffs 9553 South Indian Ridge Drive Sandy, Utah 84092 (801) 545-0441
CERTIFICATE OF SERVICE

This case is an electronic filing case and so it is understood that this motion will be electronically transmitted by the Court to the following counsel on this 21st day of January, 2007. /s/ Susan Rose MICHAEL O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice Washington, D.C. 20530 1

Case 1:06-cv-00115-SGB

Document 57

Filed 01/22/2007

Page 2 of 2

Attention: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, DC 20530

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