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

Case 1:96-cv-00166-EJD

Document 301

Filed 12/15/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ZOLTEK CORPORATION, a Missouri corporation, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 96-166C Chief Judge Edward J. Damich

MOTION FOR LEAVE TO FILE AN APPENDIX IN EXCESS OF 50 PAGES IN SUPPORT OF THE OPPOSITION OF THE UNITED STATES TO ZOLTEK'S MOTION FOR SANCTIONS UNDER RULE 37(c) The United States hereby moves for leave to file an appendix in excess of 50 pages in support of its opposition to Zoltek's Motion for Sanctions, Docket Nos. 299 and 300. The Government anticipates that it will file an appendix consisting of 88 pages (not including exhibit cover sheets or dividers). In addition, the Government anticipates filing, by separate motion, a declaration of the Government's counsel for in camera review by the court, which will consist of an additional approximately eleven pages. The extra pages are necessary to permit the United States to fully defend itself against the allegations that it has failed to timely produce the declaration of Mr. Moraveck. The Government's response must necessarily discuss several interrogatories and requests for production that Zoltek claims have been inaccurately or incompletely answered. Unfortunately, Zoltek has failed to provide the Court with the Government's complete responses to the

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Case 1:96-cv-00166-EJD

Document 301

Filed 12/15/2005

Page 2 of 2

interrogatories in question. As a result, the Government provides copies of the correct responses (37 pages). Further, as part of its defense of this motion, the Government discusses the testimony of Mr. Boyd, as that testimony relates to Mr. Moraveck's company, and the Government's request for further deposition of Mr. Boyd. These events are related to, and explain the delay in, producing the declaration of Mr. Moraveck (35 pages). The remainder of the pages are documents that provide background facts and the rationale behind the Government's actions. For the reasons stated, and good cause having been shown, the United States requests that it be allowed to submit the an appendix of 88 pages or up to a total of 99 pages if the 11-page declaration submitted for in camera review by separate motion is included. Respectfully Submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director s/Gary L. Hausken GARY L. HAUSKEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0342 Facsimile: (202) 307-0345 Attorneys for the United States

December 15, 2005

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