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

Case 1:98-cv-00554-VJW

Document 189

Filed 07/14/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

RONALD W. STEVENS as Personal Representative of the Estate of Terry C. Brunner, Plaintiff, v. THE UNITED STATES, Defendant.

98-554C (Judge Wolski)

UNOPPOSED MOTION FOR LEAVE TO FILE OUT OF TIME DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT ON DAMAGES We respectfully request leave of Court to file out of time the attached reply to plaintiff's response to defendant's cross-motion for summary judgment on damages. Our reply was due on June 24, 2008. See RCFC 7.2(c). We have contacted plaintiff's counsel regarding this motion, and he has indicated that he does not oppose this motion. On July 9, 2007, the Government filed its cross motion and response to plaintiff's motion for summary judgment on damages. On July 27, 2007, the Government filed a suggestion of death with the Court. As a result, plaintiff's response to our cross-motion was delayed, and it was not until June 10, 2008 that plaintiff filed his response to our cross-motion. The Case Management/Electronic Case Filing ("CM/ECF") system, however, failed to provide notice that the Government was to file a reply to plaintiff's response. As a result of this technical problem and of the substantial time that had elapsed between the filing of the response and the filing of our initial cross-motion, we inadvertently missed the deadline for filing until notified by the Court of our omission.

Case 1:98-cv-00554-VJW

Document 189

Filed 07/14/2008

Page 2 of 3

We respectfully apologize for any inconvenience that our omission may have caused the Court. We respectfully request leave of Court to file the attached reply to plaintiff's response to defendant's cross-motion for summary judgment on damages.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General

JEANNE E. DAVIDSON Director

s/ Donald E. Kinner DONALD E. KINNER Assistant Director

OF COUNSEL: RICHARD A. MEDEMA Drug Enforcement Administration Office of Chief Counsel 700 Army-Navy Drive Arlington, VA 22202

July 14, 2008

s/ Steven M. Mager STEVEN M. MAGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification United 8th Floor 1100 L Street, NW Washington, D.C. Tel: (202) 616-2377 Fax: (202) 305-7643 [email protected]

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Case 1:98-cv-00554-VJW

Document 189

Filed 07/14/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 14th day of July 2008, a copy of the foregoing "MOTION FOR LEAVE TO FILE OUT OF TIME DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT ON DAMAGES," with attached appendix, 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/ Steven M. Mager Steven M. Mager Trial Attorney Commercial Litigation Branch Civil Division Department of Justice

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