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Case 1:05-cv-01058-FMA

Document 47

Filed 10/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-1058C (Judge Allegra)

DEFENDANT'S NOTICE OF NONFILING On September 7, 2007, based upon a request from the defendant, this Court entered a scheduling order, ordering, in part, the defendant to file a dispositive motion for summary judgement on or before October 26, 2007. Upon further review, we

have concluded that based upon the record complied to date, it would not be in the best interests of the Government for defendant to file a summary judgement motion at this time. Accordingly, defendant will not be filing a motion for summary judgement on or before October 26, 2007. It is our

understanding, however, that the defendant-intervenor, will nevertheless file a motion for summary judgement on or before October 26, 2007. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:05-cv-01058-FMA

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Filed 10/23/2007

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/s/ BRIAN M. SIMKIN BRIAN M. SIMKIN Assistant Director /S/ MICHAEL D. AUSTIN MICHAEL D. AUSTIN Attorney Commercial Litigation Branch Department of Justice 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 (202) 616-0321 (202) 305-7644 (fax) Attorneys for Defendant October 23, 2008

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Case 1:05-cv-01058-FMA

Document 47

Filed 10/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on the 23th day of October 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF NONFILING" was filed electronically. I understand that notice of this filing will be

sent to all parties by operation of the Court's electronic filing system. system. s/Michael D. Austin Parties may access this filing through the Court's

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