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

Case 1:05-cv-01028-MBH

Document 36

Filed 08/15/2006

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 A COPY OF THE DECLARATIONS OF TONI A. McDONALD AND DARLENE BROOMALL ____________

Defendant, the United States, hereby respectfully moves for leave to file a copy of the Declaration of Toni A. McDonald and the Declaration of Darlene Broomall. The Declarations of Toni A. McDonald and Darlene Broomall are to be filed in connection with the Reply Brief for the United States in Support of its Motion to Dismiss ("reply brief"). In support of this motion, Toni A. McDonald and Darlene Broomal advised that they have forwarded the signed original declarations to defendant's trial attorney by express mail. However, the original declarations have not yet arrived. Therefore, defendant requests that it be allowed to file copies of the original declarations that were faxed to defendant's counsel, as

-1-

Case 1:05-cv-01028-MBH

Document 36

Filed 08/15/2006

Page 2 of 2

exhibits in support of its reply brief. Defendant will file a motion to substitute the original declarations of Ms. McDonald and Ms. Broomall once they are received. WHEREFORE, defendant requests that its motion 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 15, 2006

-2-