Free Motion to Withdraw - District Court of Federal Claims - federal

Case 1:04-cv-00710-SGB

Document 58

Filed 04/07/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS JOHN FILOSA and SUSAN KEMBLE, on their own behalf and on behalf of all others similarly situated Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 04-710C (Judge Braden)

DEFENDANT'S WITHDRAWAL OF MOTION TO COMPEL Defendant, the United States, hereby respectfully requests that it be allowed to withdraw its Motion to Compel filed on April 2, 2008. Defendant's motion was based upon plaintiffs' failure to respond to written discovery propounded by the defendant. Since the motion was filed, plaintiffs have provided responses to defendant's written discovery and agreed to supplement the responses to correct deficiencies identified by the defendant. Therefore, defendant asks that its motion to compel be withdrawn. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:04-cv-00710-SGB

Document 58

Filed 04/07/2008

Page 2 of 3

Todd M. Hughes TODD M. HUGHES Deputy Director

s/ Robert C. Bigler ROBERT C. BIGLER Trial Attorney Commercial Litigation Branch, Civil Division U.S. Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Telephone: 202-307-0315 [email protected]

Dated: April 7, 2008

Counsel for Defendant

-2-

Case 1:04-cv-00710-SGB

Document 58

Filed 04/07/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 7th day of April 2008, a copy of the foregoing "DEFENDANT'S WITHDRAWAL OF MOTION TO COMPEL" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Robert C. Bigler

-3-