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

Case 1:05-cv-01189-CFL

Document 31

Filed 01/22/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1189 T (Judge Charles F. Lettow) ______________________ THOMAS H. McGANN and EVELYN G. McGANN Plaintiffs, VS. UNITED STATES OF AMERICA, Defendant. ____________________ PLAINTIFFS' MOTION FOR LEAVE TO FILE PLAINTIFFS' REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFFS' SUR-REPLY

SALLIE W. GLADNEY TERESA J. WOMACK THOMAS E. REDDING REDDING & ASSOCIATES, P.C. 2914 W. T.C. Jester Houston, Texas 77018 Telephone: (713) 965-9244 Telecopier: (713) 621-5227 Attorneys for Plaintiffs Thomas H. McGann and Evelyn G. McGann

Case 1:05-cv-01189-CFL

Document 31

Filed 01/22/2007

Page 2 of 2

Plaintiffs Thomas H. McGann and Evelyn G. McGann ("the McGanns") request leave of the Court to file their attached two and one-half page Plaintiffs' Reply to Defendant's Response to Plaintiffs' Sur-Reply. In support of their motion the Plaintiffs would show: On December 15, 2006, the government filed a motion for leave to file a response to the plaintiffs' sur-reply. On January 12, 2007, the Court granted the government's motion authorizing the filing of the government's 15-page responsive brief. In its response the government makes one statement which is simply wrong as a matter of law. The McGanns request leave to file their attached two and one-half page reply to the government's response to address this single issue. The government will not be unduly prejudiced by the granting of this motion because it will allow the government sufficient time to review the materials in order to be able to respond to the issue at the telephone hearing currently scheduled for Monday, January 29, 2007. WHEREFORE, Plaintiffs Thomas H. McGann and Evelyn G. McGann respectfully request that they be allowed to file their attached Plaintiffs' Reply to Defendant's Response to Plaintiffs' SurReply. Respectfully submitted, /s/ Sallie W. Gladney Sallie W. Gladney, Attorney of Record Teresa J. Womack Thomas E. Redding REDDING & ASSOCIATES, P.C. 2914 W. T.C. Jester Houston, Texas 77018 (713) 965-9244 / (713) 621-5227 Fax ATTORNEYS FOR PLAINTIFFS

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