Free Scheduling Order - District Court of Federal Claims - federal

Case 1:05-cv-00410-MMS

Document 71

Filed 06/04/2008

Page 1 of 1

In the United States Court of Federal Claims
No. 05-410 C (Filed: June 4, 2008) ************************************* MARIO R. LOPEZ-VELAZQUEZ, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ************************************* ORDER On May 29, 2008, defendant in the above-captioned case filed Defendant's Reply Brief in Support of Its Motion to Dismiss and Motion for Judgment Upon the Administrative Record. It appears that defendant does not intend to respond to plaintiff's cross-motion for judgment on the administrative record, contending that plaintiff has "waived any argument that substantial evidence is lacking based upon his failure to raise this argument in his " motion to remand. Defendant also asserts that "[e]ven if the Court were to characterize plaintiff's argument regarding substantial evidence as a response to the Government's dispositive brief, [plaintiff] should not be permitted to file a sur-reply to this reply brief, as the Court's rules do not permit a sur-reply absent leave of court." The court finds that defendant's raising of the waiver argument is sufficient to constitute a response to plaintiff's cross-motion for judgment on the administrative record. Therefore, plaintiff is entitled to address this argument in a reply brief. Moreover, a reply brief from plaintiff would benefit the court. Consequently, plaintiff shall file a reply brief in support of its cross-motion for judgment on the administrative record no later than Monday, July 7, 2008. IT IS SO ORDERED. s/ Margaret M. Sweeney MARGARET M. SWEENEY Judge