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

Case 1:96-cv-00166-EJD

Document 365

Filed 01/14/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) a Missouri corporation, ) ) ) Plaintiff ) ) v. ) ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

ZOLTEK CORPORATION,

Case No. 96-166 C

Chief Judge Edward J. Damich

ZOLTEK'S UNOPPOSED MOTION FOR EXTENDING THE LENGTH OF ITS REPLY BRIEF REGARDING ITS MOTION TO STRIKE

Plaintiff, Zoltek Corporation ("Zoltek") respectfully moves this Court for an order granting Zoltek leave to extend the page limit of its Reply Brief regarding its Motion to Strike the Government's Summary Judgment Motion, to and including twenty-five (25) pages. In accordance with the Court's order of October 31, 2007 (Docket #362), Zoltek filed its current Motion to Strike on November 27, 2007, seeking an order to strike the Defendant's, the United States' ("U.S." or "Government") Motion for Summary Judgment of Invalidity Based on Obviousness, filed September 4, 2007 (Docket #350). Zoltek's Motion to Strike was twenty-nine (29) pages in length. On January 4, 2008 the Government filed its Opposition to Zoltek's Motion, which was thirty-nine (39) pages in length (Docket #364). Zoltek's Reply Brief is due on or before Friday, January 25, 2008.

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Case 1:96-cv-00166-EJD

Document 365

Filed 01/14/2008

Page 2 of 3

Rule 5.2(b)(2) of this Court limits the length of reply briefs to twenty (20) pages. Because of the length of the Government's Opposition, the amount of substantive legal arguments presented, and the importance of the issues to the present action, Zoltek may need the additional pages to properly respond, and respectfully requests leave to extend the length of its reply brief up to five (5) additional pages. Zoltek has contacted the Government regarding the present motion, and the Government does not oppose the present motion. For the above stated reasons, Zoltek respectfully request that this court grant Zoltek leave to extend the length of its reply brief, not to exceed twenty-five (25) pages.

Respectfully submitted,

Date: January 14, 2008

By: _/s/ Dean A. Monco __________ Dean A. Monco John S. Mortimer Wood Phillips 500 W. Madison Street Suite 3800 Chicago, IL 60661 (312) 876-1800 Attorneys for Zoltek Corporation

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Case 1:96-cv-00166-EJD

Document 365

Filed 01/14/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing documents entitled ZOLTEK'S UNOPPOSED MOTION FOR EXTENDING THE LENGTH OF ITS REPLY BRIEF REGARDING ITS MOTION TO STRIKE was filed electronically on this 14th day of January, 2008, which provides for electronic service to the following:

Gary L. Hausken, Esq. United States Department of Justice Commercial Litigation Branch ­ Civil Division 1100 L Street, N.W. Room 11114 Washington, D.C. 20005

/s/ Dean A. Monco Dean A. Monco WOOD, PHILLIPS, KATZ CLARK & MORTIMER 500 West Madison Street Suite 3800 Chicago, Illinois 60661 Telephone: (312) 876-1800 Fax: (312) 876-2020

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