Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:99-cv-00194-EGB

Document 123

Filed 10/13/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARKETING AND MANAGEMENT INFORMATION, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 99-194C (Judge Bruggink)

DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT Pursuant to Rule 5.2(B)(1), defendant respectfully requests the Court to grant its motion for leave to exceed the 40-page limit in connection with the filing of Defendant's Memorandum of Contentions of Fact and Law. Defendant's brief will exceed the 40-page limit by 35 pages. Defendant has endeavored to treat the numerous remaining issues in this case as concisely as possible. However, there are numerous damages issues raised in plaintiff's memorandum of contentions of fact and law to which defendant is required to respond. In addition, defendant has been required to rely extensively upon the factual record compiled in connection with A.C. Nielsen Company, et al., v. Defense Commissary Agency, 1996-1 B.C.A. ¶ 28,253, to address the Court's questions as to whether the solicitation at issue here was for Federal Information Processing (FIP) resources within the meaning of the Brooks Act and, if so, what was the value of the FIP resources. Since the Court, for the most part, will undertake a record review of these latter two issues, defendant has attempted to address them as completely as possible in its brief. For the foregoing reasons, we respectfully request that the Court grant our motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:99-cv-00194-EGB

Document 123

Filed 10/13/2004

Page 2 of 3

/s/ David M. Cohen DAVID M. COHEN Director OF COUNSEL: THOMAS D. RATHGEB ELLIOTT CLARK Office of General Counsel Defense Commissary Agency Fort Lee, VA 23801-1800 /s/ Sheryl Floyd SHERYL FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0282 Facsimile: (202) 514-8624 Attorneys for Defendant OCTOBER 13, 2004

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Case 1:99-cv-00194-EGB

Document 123

Filed 10/13/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on 13th day of OCTOBER, 2004, a copy of the "DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT" 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/ Sheryl Floyd