Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:06-cv-00115-SGB

Document 54

Filed 01/11/2007

Page 1 of 1

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 FOR THE COURT TO APPLY THE CFCR 56 STANDARD FOR DISMISSAL INSTEAD OF RULE 12 STANDARD
NOW COME THE PLAINTIFFS, by and through undersigned counsel to move the Court to ask counsel for briefing as to whether CFCR Rule 56 instead of Rule 12 should applied, instead of the Rule 12 and judicial doctrines as the Court used, based upon the phone conference of the Court yesterday at 4 p.m. e.t. based upon the supporting memorandum of fact and law. So Signed this 11th 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 is an electronic filing case and it is understood that this motion will be electronically transmitted by the Court to : /s/ Susan Rose MICHAEL O'CONNELL Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice Washington, D.C. 20530 Attention: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, DC 20530