Free Notice (Other) - District Court of Federal Claims - federal

Case 1:97-cv-00579-MCW

Document 128

Filed 05/31/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SGS-92-X003, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 97-579C (Judge Williams)

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE NOTICE OF OBJECTION OUT OF TIME AND NOTICE OF OBJECTION TO PLAINTIFF'S EXHIBIT The Court's January 25, 2007 scheduling order directed that the parties provide the Court notice of any evidentiary objections to proposed trial exhibits in this case by May 28, 2007 so that they could be discussed during the June 1, 2007 pretrial hearing. On May 30, 2007, we first became aware that plaintiff was intending to offer a particular exhibit, excerpts from the file regarding the internal investigation of Drug Enforcement Agency ("DEA") Agent Rene De La Cova, to which we object upon relevance grounds.1 Under the circumstances, it was impossible to inform the Court of this objection on or before May 28, 2007. We have discussed the matter with counsel for plaintiff and he does not oppose this notice of objection being filed out of time. Accordingly, we respectfully request that the Court grant the Government leave to file, out of time, this notice of objection to plaintiff's documentary exhibit consisting of excerpts from

We do not blame plaintiff's counsel, Mr. Avery, for this late notice: it came about because these documents had been placed in long-term storage at the Federal Records Center prior to plaintiff's discovery request for them. We immediately requested their retrieval from the Federal Records Center, but, despite our best efforts, only obtained them shortly before plaintiff's pretrial filing was due. Mr. Avery made a timely request for their duplication at the time that he reviewed them and we responded in a timely manner. Nevertheless, he did not possess these documents for a significant period of time before informing us that he intended to introduce them as evidence in this case.

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Case 1:97-cv-00579-MCW

Document 128

Filed 05/31/2007

Page 2 of 2

the file regarding the internal investigation of DEA Agent De La Cova. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel (202) 305-7586 Fax (202) 514-7969 Attorneys for Defendant

May 31, 2007