Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:04-cv-00634-EJD

Document 17

Filed 04/07/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS D. PETERSON, SAUNDRA L. PETERSON, RANDAL J. PETERSON, SHEELAGH M. MURPHY and DON R. PARKER Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 04-634C (Chief Judge Damich)

DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER Defendant, the United States, notes that the document (13) that plaintiffs electronically filed on March 28, 2005 under the heading Response to Motion For Leave To File Amended Answer was actually a duplicate of plaintiffs' Motion To Stay Proceedings, filed the same day. Nevertheless, defendant replies to the point

made on page 7 of plaintiff' memorandum, also filed on March 28, 2005, by stating that, regardless of whether the Court should enter a stay in this case, the res judicata defense that defendant seeks to raise is not premature or inapplicable, given the judgment of the district court in the condemnation case to which plaintiffs refer.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:04-cv-00634-EJD

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DAVID M. COHEN Director s/ Deborah A. Bynum DEBORAH A. BYNUM Assistant Director OF COUNSEL: DWIGHT WILLIAMS Office of the Regional Counsel Northwest Mountain Region Federal Aviation Administration 1601 Lind Ave. SW Renton, Washington 98055 s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 (202) 307-0361 Attorneys for Defendant

April 7, 2005

Case 1:04-cv-00634-EJD

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Filed 04/07/2005

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Certificate of Filing I hereby certify that on April 7, 2005, a copy of the foregoing DEFENDANT'S REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER 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. system. Parties may access this filing through the Court's

s/ Claudia Burke