Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 175

Filed 05/16/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JZ Buckingham Investments, LLC, as Tax Matters Partner of JBJZ Partners, A South Carolina general partnership, Plaintiff, v. United States of America, Defendant. § § § § § § § § § § §

Case No. 05-231 T Chief Judge Edward Damich

PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 174 Plaintiff JZ Buckingham Investments, L.L.C., ("Plaintiff"), hereby moves this Court for leave to correct the filing of its Sur-Reply: 1. 2. 3. 4. On May 16, 2008, Plaintiff filed with this court a Sur-Reply in the above styled case. Plaintiff intended to submit the filed pleading as a Reply, rather than a Sur-Reply. Plaintiff believes it is necessary and desirable to correct this filing to reflect its proper nature. Counsel for Plaintiff has contacted counsel for Defendant, who advised that Defendant does not oppose the granting of this Motion.

WHEREFORE, Plaintiff respectfully requests that this Motion be granted, and that the Court correct Docket Entry No. 174 to designate the filed Sur-Reply as Plaintiff's Reply Motion to the United States' Response to its Motion to Exclude Government Expert David LaRue.

PLAINTIFF'S MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 174 ­ Page 1 367382

Case 1:05-cv-00231-EJD

Document 175

Filed 05/16/2008

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Respectfully submitted, By: s/Joel N. Crouch __ Joel N. Crouch Texas State Bar No. 05144220

MEADOWS, COLLIER, REED, COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] ATTORNEY FOR PLAINTIFF

PLAINTIFF'S MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 174 ­ Page 2 367382

Case 1:05-cv-00231-EJD

Document 175

Filed 05/16/2008

Page 3 of 4

CERTIFICATE OF CONFERENCE On this the 16th day of May, 2008, counsel for Plaintiff contacted counsel for the United States, David Steiner, regarding the relief sought in this Motion. Counsel for the United States stated that they do not oppose the granting of this Motion.

s/Anthony P. Daddino

PLAINTIFF'S MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 174 ­ Page 3 367382

Case 1:05-cv-00231-EJD

Document 175

Filed 05/16/2008

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on May 16, 2008, a copy of the foregoing Unopposed Motion for Leave to Correct Docket Entry No. 174 was served upon counsel listed below via electronic means. Dennis Donahue John Lindquist David M. Steiner United States Department of Justice Tax Division P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 Joseph Pitzinger, Esq. Jonathan Blacker, Esq. United States Department of Justice Tax Division 717 North Harwood Suite 400 Dallas, Texas 75201 Attorneys for the United States

s/Joel N. Crouch Joel N.Crouch

PLAINTIFF'S MOTION FOR LEAVE TO CORRECT DOCKET ENTRY NO. 174 ­ Page 4 367382