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

Case 1:05-cv-01030-LSM

Document 31

Filed 03/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HIGHMARK, INC., SUCCESSOR IN INTEREST TO PENNSYLVANIA BLUE SHIELD AND SUBSIDIARIES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-1030 T Judge Margolis

DEFENDANT'S MOTION FOR LEAVE TO FILE A SURREPLY IN SUPPORT OF ITS MOTION TO SUSPEND PRETRIAL PROCEEDINGS AND REQUEST FOR EXPEDITED REVIEW Defendant, the United States of America, respectfully requests leave to file a Surreply in Support of Its Motion to Suspend Pretrial Proceedings and Request for Expedited Review. As good cause therefor, defendant states as follows: On March 1, 2007, defendant filed a Motion to Suspend Pretrial Proceedings pending the resolution of defendant's motion for summary judgment, which could dispose of all issues in this case. Plaintiff filed a Response in Opposition to Defendant's Motion to Suspend Pretrial Proceedings on March 8, 2007. Defendant filed a Reply in Support of its Motion to Suspend Pretrial Proceedings and Request for Expedited Review on March 9, 2007. Plaintiff filed a Surreply in Opposition to the Defendant's Motion to Suspend Pretrial Proceedings ("Plaintiff's Surreply") on March 13, 2007. Although the Rules of the Court of Federal Claims do not

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Case 1:05-cv-01030-LSM

Document 31

Filed 03/14/2007

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provide for a movant to file more than its Motion and a Reply, defendant wishes to more fully explain certain matters raised by plaintiff in its Surreply. WHEREFORE, defendant prays that its Motion for Leave be granted.

Respectfully submitted,

s/ Karen Servidea KAREN SERVIDEA Attorney of Record U.S. Department of Justice, Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 616-3423 Fax: (202) 514-9440 Email: [email protected]

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section W.C. RAPP Senior Trial Attorney

s/ W.C. Rapp Of Counsel March 14, 2007

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