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

Case 1:05-cv-00448-NBF

Document 26

Filed 03/24/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS RAYTHEON COMPANY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant ) ) ) ) ) ) ) ) )

No. 05-448C (Judge Firestone)

MOTION FOR LEAVE TO FILE JOINT STATUS REPORT OUT OF TIME Plaintiff, Raytheon Company, and defendant, the United States, jointly and respectfully request that the Court grant leave to file their Joint Status Report out of time. The parties' Joint Status Report is attached to this motion. By Order dated October 28, 2005, the Court directed the parties to file a joint status report on or before March 17, 2006, proposing a date for the close of discovery. On March 10, 2006, the parties conferred and agreed upon the dates to propose to the Court for the close of discovery. Undersigned counsel for defendant undertook to draft the parties' Joint Status Report, and sent a proposed draft to plaintiff's counsel by electronic mail that same day. Unfortunately, plaintiff's counsel did not receive the draft, because counsel for defendant's electronic mail message had a faulty address. Because no indication was received that the erroneously-addressed electronic mail message had not been delivered, the error was not discovered until March 24, 2006, when plaintiff's counsel inquired about the status of the joint status report. The parties have agreed upon the language of their Joint Status Report, which is attached. The parties regret any inconvenience to the Court caused by their delay in filing their Joint Status Report.

Case 1:05-cv-00448-NBF

Document 26

Filed 03/24/2006

Page 2 of 3

For the foregoing reasons, the parties jointly and respectfully request that the Court grant leave to file the attached Joint Status Report. Respectfully submitted, s/ Karen L. Manos KAREN L. MANOS Gibson, Dunn & Crutcher, LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 955-8536 (Phone) (202) 530-9533 (Facsimile) Attorney for Plaintiff Raytheon Company Dated: March 24, 2006 s/ C. Coleman Bird C. COLEMAN BIRD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Telephone: 202.307.0453 Facsimile: 202.514.7965 Attorneys for Defendant United States of America OF COUNSEL: LAWRENCE S. RABYNE Defense Contract Management Agency 1523 W. Central Road Arlington Heights, IL 60005-2451 PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

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Case 1:05-cv-00448-NBF

Document 26

Filed 03/24/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on the 24th day of March, 2006, a copy of the foregoing Motion for Leave to File Joint Status Report Out of Time 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/ C. Coleman Bird