Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 350

Filed 05/03/2005

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)

PLAINTIFF'S MOTION TO SUPPLEMENT FINAL EXHIBIT LIST WITH DEFENDANT'S RECALCULATION OF DAMAGES IN CASE NO. 02-131C Plaintiff, Precision Pine & Timber, Inc. ("Precision Pine"), requests leave of the Court to amend its final exhibit list to include the attached documents as "PX 303 ­ Defendant's April 2005 recalculations of default damages in Case No. 02-131C ­ April 28, 2005." (See PX 182).

As the Court is aware, in making his calculation of Precision Pine's post-suspension profits, plaintiff's expert used the Contracting Officer's Final Decisions that the Court referenced in its October 29 Opinion. See Precision Pine & Timber, Inc. v. United States, 62 Fed. Cl. 635 at 639. The documents that Plaintiff now seeks to add to its exhibit list are the Defendant's recalculations of the damages first calculated in those Contracting Officers' Final Decisions. Defendant only recently created these documents in response to the Court's Opinion of October 29, 2004 in Precision Pine & Timber, Inc. v. United States, No. 02-131C, 62 Fed. Cl. 635. Accordingly, Plaintiff could not have added these documents prior to the deadline for submitting a Final Exhibit List. 1

Case 1:98-cv-00720-GWM

Document 350

Filed 05/03/2005

Page 2 of 2

For the foregoing reason, plaintiff requests leave of the Court to amend its Final Exhibit list as described above. Respectfully submitted, s/Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Counsel for Plaintiff OF COUNSEL: Richard W. Goeken Bryan T. Bunting SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Dated: May 3, 2005

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