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

Case 1:98-cv-00720-GWM

Document 299

Filed 04/04/2005

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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 UNOPPOSED MOTION FOR LEAVE TO FILE APPENDIX IN PAPER FORM Pursuant to Rule 7(b) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully seeks leave, in lieu of electronic filing, to file and serve a paper copy of the appendix to defendant's motion to dismiss for lack of jurisdiction. The appendix to defendant's motion to dismiss contains 14 claim letters and 14 final decisions from Forest Service contracting officers. These voluminous documents total 616 pages. Because of appendix's large size, electronic filing would be cumbersome. Additionally, the filing and service of a paper copy would likely be more convenient to the parties and the Court. We have contacted plaintiff's attorney, Richard W. Goeken, who has informed us that plaintiff will not oppose this motion. Accordingly, the United States respectfully requests that the Court grant this motion for leave to file the appendix to its motion to dismiss for lack of jurisdiction in paper form. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:98-cv-00720-GWM

Document 299

Filed 04/04/2005

Page 2 of 2

s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ David A. Harrington OF COUNSEL: Lori 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: April 4, 2005

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