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

Case 1:02-cv-01500-GWM

Document 96

Filed 01/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JACOBS ENGINEERING GROUP, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 02-1500C (Judge George W. Miller)

DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S RESPONSE TO JACOBS ENGINEERING GROUP INC.'S MOTION FOR A DESIGNATION OF PARTIAL FINAL JUDGMENT WITH RESPECT TO $919,672 AWARD PLUS INTEREST AND AN ORDER DIRECTING THE UNITED STATES TO PAY SUCH JUDGMENT Pursuant to Rule 59(b) of the Rules of the United States Court of Federal Claims (RCFC), defendant, the United States, respectfully requests that the Court grant leave for the United States to file a response to "Jacobs Engineering Group Inc.'s motion for a designation of partial final judgment with respect to $919,672 award plus interest and an order directing the United States to pay such judgment," filed December 20, 2007 (Jacobs's motion). Jacobs failed to identify RCFC 59 in its motion, but Jacobs's motion is subject to RCFC 59 because Jacobs seeks to amend the judgment. Pursuant to RCFC 59(b), the United States

has no right to respond to Jacobs's motion without invitation of the Court. Moreover, our response may not be necessary because Nonetheless, our

Jacobs's motion so obviously lacks merit.

Case 1:02-cv-01500-GWM

Document 96

Filed 01/02/2008

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response may aide the Court, and so we respectfully request leave to file it. A copy of our response is attached as an exhibit to

this electronic filing. For these reasons, we respectfully request that the Court grant us leave to file the attached response. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director S/ Martin F. Hockey, Jr. MARTIN F. HOCKEY, JR. Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 January 2, 2008 Attorneys for Defendant

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Case 1:02-cv-01500-GWM

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Filed 01/02/2008

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CERTIFICATE OF FILING I hereby certify that on January 2, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S RESPONSE TO JACOBS ENGINEERING GROUP INC.'S MOTION FOR A DESIGNATION OF PARTIAL FINAL JUDGMENT WITH RESPECT TO $919,672 AWARD PLUS INTEREST AND AN ORDER DIRECTING THE UNITED STATES TO PAY SUCH JUDGMENT" 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. filing through the Court's system. S/ James W. Poirier Parties may access this