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

Case 1:04-cv-00541-CCM

Document 140

Filed 10/12/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) STOCKTON EAST WATER DISTRICT, ) et al., ) ) Plaintiffs, ) No. 04-541 L ) v. ) Judge Christine Odell Cook Miller ) UNITED STATES, ) ) Defendant. ) ____________________________________) PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION IN LIMINE REGARDING NEWLY RAISED ISSUE IN THIS CASE Plaintiffs move this Court for leave to file the attached motion in limine regarding background principles of state law. Pursuant to the Court's September 18, 2006 Order all motions in limine were to be filed on September 29, 2006. After that deadline, however, Defendant and two amici curiae filed pre-trial briefs raising this defense to Defendant's breach of contract for the first time. Prior to the October 10, 2006 filings, this defense was not part of the case; therefore, Plaintiffs could not have filed the attached motion in limine by the September 29, 2006 deadline. Accordingly, as Defendant and amici have raised a new issue after the deadline for filing motions in limine, Plaintiffs request leave to file the attached motion regarding this newly raised issue. Respectfully submitted,

/s Roger J. Marzulla Roger J. Marzulla Nancie G. Marzulla MARZULLA & MARZULLA 1350 Connecticut Avenue, N.W.

Case 1:04-cv-00541-CCM

Document 140

Filed 10/12/2006

Page 2 of 2

Suite 410 Washington, D.C. 20036 (202) 822-6760 (202) 822-6774 (facsimile) Dated: October 12, 2006 Of counsel: Jeanne M. Zolezzi Jennifer L. Spaletta Herum Crabtree Brown 2291 West March Lane Suite B100 Stockton, CA 95207 (209) 472-7700 (209) 472-7986 (facsimile) Counsel for Plaintiffs

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