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

Case 1:98-cv-00720-GWM

Document 228

Filed 04/16/2004

Page 1 of 3

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 TO EXCEED PAGE LIMITS Defendant respectfully requests that the Court grant it leave to exceed the 40-page limit set for an opening brief in Rule 5.2(b)(1) of the Rules of the Court of Federal Claims. Our motion for partial summary judgment regarding damages is forty-seven pages long. We have spoken with counsel for plaintiff, who has stated that plaintiff will oppose this motion. Defendant seeks summary judgment upon a complex damages claim with respect to 14 different timber sale contracts. Indeed, plaintiff's claim as described by its own expert contains seven principal components and numerous subsidiary components. In our motion, we assert arguments concerning each aspect of plaintiff's claim. In addition, we seek to provide sufficient background information so that the Court is well-apprised of the context of the plaintiff's claim, as well as significant past procedural aspects of the pending action. The brief as submitted will best assist the Court in understanding our position and addressing this dispute. For the foregoing reasons, we respectfully request that the Court grant our motion for leave to file a brief 47 pages long.

Case 1:98-cv-00720-GWM

Document 228

Filed 04/16/2004

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/ David A. Harrington DAVID A. HARRINGTON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 (202) 307-0277 (202) 307-0972 (fax) Attorneys for Defendant April 16, 2004

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Case 1:98-cv-00720-GWM

Document 228

Filed 04/16/2004

Page 3 of 3

CERTIFICATE OF SERVICE I certify under penalty of perjury that on this ____ day of December, 2003, I caused to be served by facsimile and United States mail (first class, postage prepaid) a copy of "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" addressed as follows:

Kevin R. Garden, Esq. Saltman & Stevens 1801 K Street, N.W. Washington, D.C. 20006

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