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

Case 1:98-cv-00720-GWM

Document 401

Filed 12/13/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRECISION PINE & TIMBER, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-720C (Judge George W. Miller)

DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED PROPOSED FINDINGS OF FACT Pursuant to Rule 7(b) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully seeks leave to file a corrected copy of defendant's proposed findings of fact. A copy of the proposed filing is attached to this motion as Exhibit A. Upon reviewing the United States' proposed findings of fact, counsel determined that a small number of citations to the record were incorrect. Most frequently, incorrect citations occurred because the same document was listed on the parties' exhibit lists more than once. For instance, defendant cites to the Hay Timber Sale Contract as DX54. See DPFOF ¶ 173. While the contract was not moved into evidence as DX54, it was admitted as PX169. The United States seeks to correct its proposed findings of fact so that only admitted documents are cited as record evidence. Accordingly, the United States respectfully requests that the Court grant this motion for leave to file proposed findings of facts with corrected record citations. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:98-cv-00720-GWM

Document 401

Filed 12/13/2005

Page 2 of 2

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ David A. Harrington OF COUNSEL: LORIE POLIN JONES PATRICIA L. DISERT Office of General Counsel U.S. Department of Agriculture 1400 Independence Ave., S.W. Washington, D.C. 20250 DAVID A. HARRINGTON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 (202) 307-0277 Attorneys for Defendant Dated: December 13, 2005

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