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

Case 1:05-cv-00231-EJD

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Filed 08/11/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
No. 05-231 T ******************************************* JZ BUCKINGHAM INVESTMENTS LLC, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ******************************************* JOINT MOTION TO FILE APPENDIX TO JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL Plaintiff JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners ("Plaintiff") and Defendant the United States of America ("the Government") (collectively the "Parties") respectfully request that the Court grant them leave to file the Appendix to the Joint Preliminary Status Report ("JPSR") via CD-ROM and to file certain exhibits to the JPSR under seal to preserve the confidential nature of those exhibits. In support of this Motion, the Parties would show the Court as follows: 1. Filing Appendix in CD-Rom Format. The Parties have been ordered to attach

"as an appendix to the JPSR, copies of material portions of any documents ... relevant to ... disputed facts" including "relevant contractual documents, correspondence between the parties, and damage computations" and "records of prior ... agency proceedings relative to the claims in this case." See Special Procedures Order (Revised April 4, 2005) ¶ 7.a. 2. The Parties anticipate that the number and volume of exhibits to be attached to the

Appendix to the JPSR will exceed the limits of the electronic filing system. The Parties are
JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
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planning to file copies of tax opinions, tax returns, transaction documents, brokerage statements, and certain documents relevant to jurisdiction. 3. Permitting the Appendix to be filed in CD-ROM form would be more expeditious

and effective than providing the Appendix to the Court by any other means. 4. Filing Tax Returns and Personal Financial Information Under Seal. The

Parties anticipate filing federal income tax returns and other financial information for the individuals and entities that the outcome of this proceeding will affect. Federal income tax returns and personal financial information are confidential and should not be disclosed to the public. See General Order 42A ¶¶ 24-27. 5. Because the Appendix to the JPSR is a public document, the portion of the

Appendix containing federal income tax returns and personal financial information must be sealed to protect the confidential nature of those documents. 6. In light of the foregoing, the Parties respectfully request that the Court grant them

leave to file the Appendix to the JPSR via CD-ROM and to file exhibits to the JPSR containing tax returns and personal financial information under seal to preserve the confidential nature of those exhibits. The Parties request further and additional relief to which they may be entitled.

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
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Respectfully submitted, FOR PLAINTIFF /s/ Joel N. Crouch Joel N. Crouch M. Todd Welty David E. Colmenero Lezlie B. Willis MEADOWS, OWENS, 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] [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF JZ BUCKINGHAM INVESTMENTS LLC FOR DEFENDANT /s/ John A. Lindquist JOHN A. LINDQUIST U.S. Department of Justice--Tax Division Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-6561 EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section DAVID GUSTAFSON Assistant Chief DAVID HOUSE Trial Attorney ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
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CERTIFICATE OF SERVICE I hereby certify that on August 11, 2005, I electronically filed the foregoing pleading with the Clerk of the Court using the ECF system which will send notification of such filing to the following: John A. Lindquist, III Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 55 Ben Franklin Station Washington DC 20044 /s/ Joel N. Crouch Joel N. Crouch

JOINT MOTION TO FILE APPENDIX JPSR VIA CD-ROM AND TO FILE CERTAIN EXHIBITS UNDER SEAL
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