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

Case 1:05-cv-00231-EJD

Document 140

Filed 12/06/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-231 T (Chief Judge Damich) ______________________________ JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. __________________________
UNITED STATES' MOTION TO FILE CORRECTED AND SUPPLEMENTED OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL NON-PARTY JENKENS & GILCHRIST (D.E. 127)

The United States moves to file a corrected and supplemented opposition to Plaintiff's motion to compel non-party Jenkens & Gilchrist. Plaintiff does not oppose the motion. The United States asks leave to add a signed and corrected version of the Declaration of Joseph J. Durak, Jr., corrected versions of the title and first page and to make some minor stylistic changes. A copy of document is attached and styled United States Corrected Opposition to Plaintiff's Motion to Compel Non-party J&G.

Case 1:05-cv-00231-EJD

Document 140

Filed 12/06/2007

Page 2 of 3

Respectfully Submitted, /s/ Dennis M. Donohue DENNIS M. DONOHUE Attorney of Record U.S. Department of Justice - Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892 CERTIFICATE OF CONFERENCE I hereby certify that on December 4, 2007, I contacted Plaintiff's attorney Joel Crouch and he stated he did not oppose this motion. /s/ Joseph A. Pitizinger, III JOSEPH A. PITZINGER, III

CERTIFICATE OF SERVICE I hereby certify that on December 6, 2007, I electronically filed the foregoing United States' Motion to Filed Corrected and Supplemented Opposition to Plaintiff's Motion to Compel Non-Party Jenkens & Gilchrist (D.E. 127), with the Clerk of the Court using the ECF system which will send notification of the filing to the following: Joel N. Crouch, Esq. Meadows, Collier, Reed Cousins & Blau, L.L.P. 101 Main Street, Suite 3700 Dallas, Texas 75202 I hereby certify that on December 6, 2007 the foregoing document will be served by firstclass mail, postage prepaid, to the following. Robert J. Wagman, Jr. Baker Botts L.L.P. The Warner 1299 Pennsylvania Avenue Washington, D.C. 20004-2400

/s/ Joseph A. Pitizinger, III JOSEPH A. PITZINGER, III

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Case 1:05-cv-00231-EJD

Document 140

Filed 12/06/2007

Page 3 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-231 T (Chief Judge Damich) ______________________________ JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. __________________________ APPENDIX TO UNITED STATES' MOTION TO FILE CORRECTED OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL NON-PARTY JENKENS & GILCHRIST Description United States Corrected Opposition to Plaintiff's Motion to Compel Non-Party Jenken & Gilchrist Appendix to Corrected Opposition to Plaintiff's Motion to Compel PAGES 2-19 20-32

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