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

Case 1:02-cv-01795-JFM

Document 90

Filed 08/23/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) THE SWEETWATER, A WILDERNESS LODGE LLC,

No. 02-1795C (Judge Merow)

UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE OUT OF TIME PLAINTIFF'S TRIAL EXHIBIT LIST Plaintiff The Sweetwater, A Wilderness Lodge LLC hereby respectfully requests leave of Court to file out of time Plaintiff's Trial Exhibit List, a copy of which is attached hereto. Pursuant to the Court's Scheduling Order dated March 29, 2005, plaintiff's trial exhibit list was due on July 11, 2005 along with its pretrial memorandum of contentions of law and fact. In its pretrial memorandum, plaintiff stated that it had provided a draft exhibit list to defendant with the intention of the parties submitting a joint list of exhibits as well as separately identifying proposed exhibits to which the other party may object. Given that the parties have been unable to produce a joint list at this time and to avoid any further delay, plaintiff is seeking to submit Plaintiff's Trial Exhibit List. Defendant has informed plaintiff's counsel that it does not oppose this motion.

Case 1:02-cv-01795-JFM

Document 90

Filed 08/23/2005

Page 2 of 2

For the reasons set forth above, plaintiff The Sweetwater, A Wilderness Lodge LLC respectfully requests that the Court grant its motion for leave to submit its trial exhibit list. Respectfully submitted, s/ Kevin R. Garden Kevin R. Garden THE GARDEN LAW FIRM P.C. Suite 325 901 North Pitt Street Alexandria, VA 22314 (703) 535-5565 Counsel for plaintiff The Sweetwater, A Wilderness Lodge LLC Dated: August 23, 2005

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