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

Case 1:05-cv-01043-VJW

Document 48

Filed 02/08/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C

JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA

MOTION FOR LEAVE TO FILE SUR-REPLY

BEFORE THE HONORABLE COURT: COMES NOW Plaintiffs in the above captioned complaint and as further detailed, through undersigning counsel, respectfully STATE and PRAY:

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On January 29, 2007, defendant in this case filed a Reply to the

opposition filed by plaintiffs in this matter. Plaintiffs hereby move this Honorable Court for leave to file a sur-reply. 2. Defendants' reply contains certain misstatements of facts which plaintiffs

wish to point-out and clarify to this Honorable Court. 3. In this regards, defendant claims that plaintiffs have failed to abide by

applicable procedural rules regarding the need for additional discovery. Besides disagreeing with defendant's manifestations on this and other regards, plaintiffs wish to further clarify the record on various subjects, including the needed discovery, in order to assure that this Honorable Court has a clear and, perhaps, complete picture on the information defendant has not provided to plaintiffs and to the Court, and defendant's

Case 1:05-cv-01043-VJW

Document 48

Filed 02/08/2007

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incorrect and unsupported claim that it has discovered everything about the manner in which it computes and pays overtime for postal employees in Puerto Rico. 4. Plaintiffs are thousands of postal employees who claim and have

supported on the record, that the USPS is not properly computing and paying overtime in Puerto Rico. Granting this request will serve the purposes of justice for these thousands of employees. 5. The proposed reply is not filed in conjunction to this request, since

undersigning counsel has been traveling abroad during the most part of the days following defendant's filing. If this request is granted, the sur-reply would be filed not later than Monday, February 19, 2007. In this regards, part of the work needed regarding this proposed filing is well on the way. WHERETORE plaintiffs move this Honorable Court for leave to file a sur-reply in this matter. If allowed by the Court, the sur-reply will be filed not later than Monday, February 19, 2007. Respectfully submitted, S/ Santiago F. Lampon SANTIAGO F. LAMPON LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 Attorney for Plaintiffs

February 8, 2007

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Case 1:05-cv-01043-VJW

Document 48

Filed 02/08/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2007, a copy of the foregoing "Motion" has been filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

S/ Santiago F. Lampon

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