Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:02-cv-00466-LB

Document 79

Filed 03/09/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SUNOCO, INC., and PUERTO RICO SUN OIL COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 02-466C (Judge Block)

DEFENDANT'S MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT Defendant respectfully requests leave to exceed the page limit for its reply to Sunoco's opposition to our motion to dismiss the complaint. Counsel for Sunoco has informed us that Sunoco does not object to this motion. Pursuant to RCFC 5.2(b), our brief is limited to 20 pages. However, Sunoco has obtained leave to exceed the page limit for its opposition, and has filed a 78-page brief. The opposition is the first detailed statement of Sunoco's case, contains 12 enumerated arguments, and is accompanied by a voluminous appendix and 40 proposed findings of fact. We estimate that our brief will be approximately 44 pages. For these reasons, defendant respectfully requests leave to exceed the page limit for its reply to Sunoco opposition to dismiss the complaint. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:02-cv-00466-LB

Document 79

Filed 03/09/2006

Page 2 of 3

s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: HOWARD M. KAUFER Assistant Counsel Office of Counsel Defense Energy Support Center Ft. Belvoir, VA DONALD S. TRACY Trial Attorney Defense Supply Center Richmond, VA s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W., 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Fax: (202) 353-7988 Attorneys for Defendant March 9, 2006

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Case 1:02-cv-00466-LB

Document 79

Filed 03/09/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on March 9, 2006, a copy of the foregoing document was 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/Steven J. Gillingham