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

Case 1:05-cv-01119-SGB

Document 35

Filed 01/27/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) Plaintiffs ) ) V. ) ) THE UNITED STATES ) ) Defendant ) ____________________________________) ROCCO TOMMASEO, et al

1:05-cv-1119 SGB Hon. Susan G. Braden

MOTION FOR LEAVE OF COURT TO FILE SUPPLEMENTAL MEMORANDUM NOW INTO COURT comes counsel for Plaintiffs Rocco Tommaseo, et al. who hereby respectfully requests this Honorable Court for leave to file a Supplemental Memorandum into the record to provide additional factual and legal support for Plaintiffs' Motion In Limine (Record Document 29) and Plaintiffs' Opposition to Defendant's Motion to Dismiss (Record Document 32). This filing is necessary and good cause exists as a full exposition of these factual and legal issues is required in this case. The document is eight pages long and contains four exhibits: · A thirteen page Declaration of G. Paul Kemp, Ph.D relating to the flooding in St. Bernard and Orleans Parishes. This is new evidence which was only provided this month. · A twelve page article: An Initial Assessment of the New Orleans' Flooding Event by Ivor L. Van Heerden, G. Paul Kemp, Wes Shrum, Ezra Boyd and Hassan Mashruqui. The authors are affiliated with the Center for the Study of Public Health Impacts of Hurricanes at Louisiana State University. The research was

Case 1:05-cv-01119-SGB

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Filed 01/27/2007

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funded by that entity and the Louisiana Department of Transportation and Development. · Two Declarations totaling five pages containing the observations of two livelong residents of St. Bernard Parish who worked and used the waterways in southeast Louisiana including the Mississippi River-Gulf Outlet. These

declarations were previously filed into the record and these copies are tendered here for the convenience of the court. Wherefore Plaintiffs' request leave to file this document into the record.

Respectfully submitted this 27th day of January, 2007. s/Stephen M. Wiles F. Gerald Maples T.A. (LA#25960) Stephen M. Wiles (LA# 17865) Carlos A. Zelaya, II (LA#22900) F. GERALD MAPLES, P.A. 902 Julia Street New Orleans, LA 70113 Telephone: (504) 569-8732 Facsimile: (504) 525-6932 -andJ. Wayne Mumphrey (LA#9824) MUMPHREY LAW FIRM, LLC One Canal Place 365 Canal Street, Sute 2280 New Orleans, LA 70130 Telephone: (504) 569-0661 Facsimile: (504) 569-0665 -andJohn H. Musser, IV (LA# 9863) 201 St. Charles Avenue; Suite 2500 New Orleans, LA 70170 Telephone: (504) 599-5964 Facsimile: (504) 566-7185

Case 1:05-cv-01119-SGB

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Filed 01/27/2007

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CERTIFICATE OF SERVICE I hereby certify that by filing the foregoing pleading via the ECF for the U.S. Court of Federal Claims a copy of the above and foregoing will be served on counsel for the United States, Fred Russell Disheroon, at [email protected] this 27th day of January, 2007. s/Stephen M. Wiles Stephen M. Wiles