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

Case 1:05-cv-00580-TCW

Document 20

Filed 03/10/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) CITY CRESCENT LIMITED ) PARTNERSHIP, ) ) Plaintiff, ) ) No. 05-580 v. ) (Judge Wheeler) ) THE UNITED STATES, ) ) Defendant. ) ___________________________________ ) DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED APPENDIX Defendant, the United States, respectfully requests that the Court grant defendant leave to file a corrected appendix to defendant's proposed findings of uncontroverted fact. The appendix was filed on February 15, 2006. In the process of separating the appendix into smaller portions capable of being accepted by the electronic filing system, defendant inadvertently omitted pages 53 to 72 of the appendix. In addition, pages 46 and 47 were difficult to read in the appendix due to the dark background of the image. These pages have been re-scanned so as to improve their legibility in the corrected appendix. Defendant has provided copies of these pages to plaintiff, City Crescent Limited Partnership ("City Crescent"), and counsel for City Crescent has indicated that City Crescent is not opposed to

Case 1:05-cv-00580-TCW

Document 20

Filed 03/10/2006

Page 2 of 2

this motion. For these reasons, we respectfully request that the Court grant defendant's motion for leave to file a corrected appendix. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director /s/ Michael J. Dierberg MICHAEL J. DIERBERG Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Fl. 1100 L. St. NW Washington, DC 20530 Telephone: (202) 353-0536 Facsimile: (202) 305-7643 March 10, 2006 Attorneys for Defendant