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

Case 1:01-cv-00669-FMA

Document 92

Filed 03/29/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ________________________________) BENJAMIN & SHAKI ALLI AND BSA CORPORATION,

No. 01-669C (Judge Allegra)

DEFENDANT'S MOTION FOR LEAVE TO FILE A CORRECTED PRETRIAL MEMORANDUM OF CONTENTIONS OF FACT AND LAW Defendant, the United States, respectfully moves for leave to file the attached Defendant's Corrected Pretrial Memorandum of Contentions of Fact and Law ("pretrial brief"). Defendant On March

originally filed its pretrial brief on March 13, 2007.

28, 2007, it was brought to the attention of Government counsel that a privileged letter, which had been inadvertently disclosed by plaintiff, was placed on defendant's exhibit list and that this letter was mentioned in defendant's original pretrial brief. Accordingly, defendant will not offer this letter (defendant's exhibit 98) into evidence and has removed all references to this letter in its corrected pretrial memorandum, attached to this motion. For these reasons, defendant respectfully asks the Court

for leave to file Defendant's Corrected Pretrial Memorandum of Contentions of Fact and Law, attached hereto.

Case 1:01-cv-00669-FMA

Document 92

Filed 03/29/2007

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Mark A. Melnick by Donald E. Kinner MARK A. MELNICK Assistant Director s/Marla T. Conneely MARLA T. CONNEELY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-3689 Fax: (202) 305-7643 Attorneys for Defendant March 28, 2007

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