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

Case 1:05-cv-01043-VJW

Document 50

Filed 03/12/2007

Page 1 of 1

In the United States Court of Federal Claims
No. 05-1043C (Filed March 12, 2007) *********************** * JORGE A. DELPIN APONTE, et al., * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * * *********************** ORDER On February 8, 2007, plaintiffs moved for leave to file a sur-reply regarding defendant's partial motion to dismiss and motion for summary judgment. On February 15, 2007, the government opposed plaintiffs' motion, but indicated that if the Court were to grant it, defendant would like to be permitted to file a response. The Court is not normally disposed to grant such requests. But considering that plaintiffs contend that they seek to address alleged factual misstatements in the reply, and that these appear to relate to matters that occurred before the case was transferred to our court, the Court reluctantly GRANTS plaintiffs' motion. Plaintiffs shall file their sur-reply on or before March 22, 2007, and shall confine their discussion to matters they believe were misstated in the defendant's reply. Defendant may file a response to the sur-reply within fourteen (14) days of the filing of plaintiffs' paper. IT IS SO ORDERED.

s/ Victor J. Wolski VICTOR J. WOLSKI Judge