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

Case 1:05-cv-01028-MBH

Document 40

Filed 08/24/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________ No. 05-1028 T (Judge Marian Blank Horn) ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., Co-Executors, Plaintiffs v. THE UNITED STATES, Defendant __________ MOTION FOR LEAVE TO FILE SUBSTITUTE PAGES ____________

Defendant, the United States, hereby respectfully moves for leave to file substitute pages for the Declarations of Toni A. McDonald and Darlene Broomall submitted in connection with the Reply Brief for the United States in Support of its Motion to Dismiss ("reply brief") filed on August 15, 2006. At the time the United States filed its reply brief, it had received copies sent by facsimile of the Declarations of Toni A. McDonald and Darlene Broomall. Therefore, copies of those declarations are attached to the reply brief filed by the United States as Def. Exs. 2,4 (at pp. 2224; 28-30). Defendant requests leave to substitute the original Declarations of Toni A. McDonald and Darlene Broomall which are attached hereto. The substitute declarations make -1-

Case 1:05-cv-01028-MBH

Document 40

Filed 08/24/2006

Page 2 of 2

no changes to the original submission other than the addition of the original signatures of Toni A. McDonald and Darlene Broomall. It should be noted that Ms. Broomall originally executed a facsimile copy of her declaration making that document her original declaration. WHEREFORE, defendant requests that its motion for leave to file substitute pages with respect to the reply brief filed on August 15, 2006, in the instant action be granted. Respectfully submitted,

s/Jennifer Dover Spriggs JENNIFER DOVER SPRIGGS 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 (202) 307-0840

EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel

August 24, 2006

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