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

Case 1:96-cv-00166-EJD

Document 348

Filed 08/20/2007

Page 1 of 3

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 TO ENLARGE THE PAGE LIMIT REGARDING ITS MOTION TO DENY THE GOVERNMENT'S INVOCATION OF THE STATE SECRET PRIVILEGE

Plaintiff, Zoltek Corporation ("Zoltek") respectfully moves this Court to permit Zoltek to enlarge the page limit from forty (40) to forty-five (45) pages for its Motion to Deny the Government's Invocation of the State Secret Privilege. Zoltek's motion, scheduled to be filed on or before September 4, 2007, will by necessity discuss in detail the Government's activities spanning the eleven (11) year existence of this case, in order to establish that the invocation of the state secret privilege should not be permitted as a matter of law. In the alternative, Zoltek will move the Court for severe sanctions in view of the Government's conduct in the case. Rule 5(b)(1) of this Court limits opening briefs for motions to forty (40) pages. Zoltek has drafted its scheduled motion, and believes that no more than forty-five (45) pages will be required to properly present to the Court the facts and governing case law

Case 1:96-cv-00166-EJD

Document 348

Filed 08/20/2007

Page 2 of 3

supporting Zoltek's motion. Zoltek contacted the Government regarding the present motion. The Government has no objection to Zoltek's requested five (5) page enlargement of the page limitation. For the above stated reasons, Zoltek respectfully moves this Court for a page limit enlargement for its Motion to Deny the Invocation of the State Secret Privilege, not to exceed five (5) pages.

Respectfully submitted, Date: August 20, 2007 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 348

Filed 08/20/2007

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing documents entitled ZOLTEK'S UNOPPOSED MOTION TO EXTEND THE PAGE LIMIT REGARDING ITS MOTION TO DENY THE GOVERNMENT'S INVOCATION OF THE STATE SECRET PRIVILEGE was filed electronically on this 20th day of August, 2007, 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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