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

Case 1:98-cv-00543-ECH

Document 138

Filed 03/15/2004

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ ) GOLD LINE REFINING, LTD., ) Through its Trustee Ben B. Floyd, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ______________________________)

No. 98-543C (Judge Hewitt)

PLAINTIFF'S MOTION FOR LEAVE TO FILE ERRATA PAGE By Order of February 20, 2004, the Court directed the parties to show cause why this matter should not be stayed pending consideration by the United States Court of Appeals for the Federal Circuit of interlocutory appeals of Tesoro Hawaii Corporation v. United States, 58 Fed. Cl. 65 (2003), and Hermes Consolidated, Incorporated d/b/a Wyoming Refining Company, 58 Fed. Cl. 409 (2003). On March 12, 2004, Plaintiff filed its Response to the Court's February 20, 2004 Order. Plaintiff's Response contained two errors on page three. First, in the heading entitled, "THE FEDERAL CIRCUIT MAY NOT RESOLVE THE ISSUES IN GOLD LINE II." (emphasis added). The heading should have read, "THE FEDERAL CIRCUIT MAY NOT RESOLVE THE ISSUES IN GOLD LINE I." (emphasis added). Second, the sentence, "However, waiver and clause deviations are not issues here." was omitted. Plaintiff respectfully moves for leave to file an errata page, including corrections to page three. The errata page for page three is being filed simultaneously with this Motion.

Case 1:98-cv-00543-ECH

Document 138

Filed 03/15/2004

Page 2 of 2

For this reason, Plaintiff respectfully requests that its Motion For Leave to File Errata Page be GRANTED. Respectfully submitted, s/ Ronald H. Uscher Ronald H. Uscher Bastianelli, Brown & Kelley, Chtd. Two Lafayette Centre 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 (202) 293-7994 (fax) Counsel for Plaintiff Of Counsel: Donald A. Tobin Lori Ann Lange Bastianelli, Brown & Kelley, Chtd. Two Lafayette Centre 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 (202) 293-7994 (fax) Dated: March 15, 2004 CERTIFICATE OF SERVICE I hereby certify that on this 15th day of March, 2004, the foregoing Plaintiff's Motion for Leave to File Errata Page 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/ Ronald H. Uscher

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