Free Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00992-TCW

Document 20

Filed 12/27/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ROBERT AND DIANE ALLISON, individually and on behalf of all others similarly situated, ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

Case No. 05-992L Judge Thomas C. Wheeler

DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO AMEND COMPLAINT TO ADD PARTY PLAINTIFF Defendant, the United States of America, through its undersigned counsel, hereby files this Response to Plaintiffs' Motion to Amend Complaint to Add Party Plaintiff. On May 23, 2006, the Court ordered, inter alia, Plaintiffs' class counsel to "[s]erve the claims book on Defendant's counsel on or before October 2, 2006, the `opt-in' cut-off date." Now Plaintiffs seek to include an additional property owner to the proposed class, Ms. Ella Burrell, after the opt-in deadline. See Pls.' Mot. to Amend Compl. to Add Party Pl. Defendant neither supports nor objects to Ms. Burrell being added to the proposed class. At this early stage of the litigation, where the parties are working to resolve informally any disputes concerning qualifying property interests of proposed class members, Defendant does not believe it will be prejudiced by Ms. Burrell being included in the proposed class.1/ Defendant, however, does not waive its right to oppose the inclusion of any additional property owner who

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Notwithstanding the caption of Plaintiffs' motion, the text of the motion makes clear that Plaintiffs do not seek to add Ms. Burrell as a party representative. Pls.' Mot. to Amend Compl. to Add Party Pl. at 2-4. Rather, it is Defendant's understanding that Ms. Burrell only wishes to opt-in as a member of the proposed class. In the event, however, that Plaintiffs do wish to make Ms. Burrell a party representative, Defendant would object, as Plaintiffs have provided no evidence justifying her qualifications as such.

Case 1:05-cv-00992-TCW

Document 20

Filed 12/27/2006

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has failed to meet the Court-imposed opt-in deadline, but seeks to join the class later in the litigation. Additionally, if this Court determines that Ms. Burrell may be added to the proposed class, Defendant reserves the right to challenge the qualifying interest allegedly held by Ms. Burrell.

Dated: December 27, 2006

Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General United States Department of Justice Environment and Natural Resources Division s/ HelenAnne Listerman HELENANNE LISTERMAN Natural Resources Section Environment and Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 Telephone: 202-305-0239 Fax: 202-305-0506 Email: [email protected] Attorney for Defendant, the United States of America

Of Counsel: Evelyn Kitay Surface Transportation Board Office of General Counsel 1925 K Street, N.W. Suite 600 Washington, D.C. 20423

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