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

Case 1:05-cv-01189-CFL

Document 24

Filed 12/01/2006

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 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 24

Filed 12/01/2006

Page 2 of 2

Plaintiffs Thomas H. McGann and Evelyn G. McGann ("the McGanns") request leave of the Court to file their attached 18-page Plaintiffs' Sur-Reply to Defendant's Reply Brief. In support of their motion the Plaintiffs would show: On November 2, 2006, the government filed a motion for leave to file a Reply Brief that exceeded the page limit imposed under Rule 5.2(b)(2) ­ 32 pages instead of the standard 20 pages. In its Reply Brief the government raised new legal theories in support of its underlying motion to dismiss and attached previously undisclosed documents of unknown origin. The Court has not yet ruled on the government's motion for leave. The McGanns request leave to file their attached 18-page sur-reply to address certain issues, such as the applicability of 26 U.S.C. §6601(e)(1), raised for the first time in the government's Reply brief, to correct certain misstatements made in the government's Reply Brief, and to object to the unverified, unauthenticated documents attached to the government's Reply Brief. Because the Court has not yet acted on the government's motion for leave to file its Reply Brief, the government will not be unduly prejudiced by the filing of this sur-reply. In addition, government counsel has been contacted and represented that the government does not object to the granting of this motion. WHEREFORE, Plaintiffs Thomas H. McGann and Evelyn G. McGann respectfully request that they be allowed to file their attached Plaintiffs' Sur-Reply to Defendant's Reply Brief. 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 2
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