Free Response to Motion - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 174

Filed 06/05/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ INNOVAIR AVIATION LIMITED, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) )

DOCKET NO. 96-408C (Senior Judge Loren A. Smith)

PLAINTIFF INNOVAIR AVIATION LIMITED'S RESPONSE TO DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED POST-TRIAL BRIEF AND APPENDIX PAGES A0773A AND A0905 On May 19, 2008, defendant filed a Notice of Errors In Its Post-Trial Brief and a Motion for Leave to File Corrected Post-Trial Brief and Appendix Pages A0773A and A0905, which attached a corrected copy of defendant's post-trial brief containing the corrections detailed in the Notice. Plaintiff Innovair Aviation Limited has no objection to defendant's motion and submission of its corrected post-trial brief. Defendant's submission also included its revised "Exhibit A," which is the subject of a separate motion by the government dated April 22, 2008 on which the Court has not yet issued an order. In its reply to Innovair's response to that motion, the government conceded that "Exhibit A" is not evidence or a summary of evidence and that it constitutes argument of counsel. Because the government and Innovair are in agreement regarding the nature of "Exhibit A," Innovair has no objection to the government's inclusion of its corrected "Exhibit A" with its corrected post-trial brief.

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Case 1:96-cv-00408-LAS

Document 174

Filed 06/05/2008

Page 2 of 3

Respectfully submitted, s/Ty Cobb_________________________ Ty Cobb HOGAN & HARTSON L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-5681 (direct) (202) 637-5910 (facsimile) Attorney of Record for Plaintiff Innovair Aviation Limited Of Counsel: H. Christopher Bartolomucci Audrey E. Moog HOGAN & HARTSON L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-5810 (202) 637-5910 (facsimile) Dated: June 5, 2008

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Case 1:96-cv-00408-LAS

Document 174

Filed 06/05/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of June, 2008, I filed the foregoing Plaintiff Innovair Aviation Limited's Response to Defendant's Motion For Leave To File Corrected PostTrial Brief And Appendix Pages A0773a And A0905 using the Court of Federal Claims' Electronic Court Filing system, which automatically caused notice to be sent to counsel of record for the parties. s/Ty Cobb_________________________ Ty Cobb Counsel for Innovair Aviation Limited

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