Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 173

Filed 05/19/2008

Page 1 of 3

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

No. 96-408C (Judge Smith)

DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED POST-TRIAL BRIEF AND APPENDIX PAGES A0773A AND A0905 Defendant respectfully requests leave of the Court to file a corrected copy of its post-trial brief and two pages of the appendix that were inadvertently omitted from the appendix to the Government's post-trial brief. As discussed more fully in Defendant's Notice of Errors in its Post-Trial Brief, which accompanies this motion, in the course of preparing for the parties' posttrial oral argument, counsel for the Government discovered a number of minor errors which inadvertently occurred in the Government's post-trial brief, primarily as a result of some lastminute confusion concerning which appendix page numbers, i.e., "A___", corresponded to some of the trial exhibits upon which the Government relied in its post-trial brief. Defendant has identified these errors in its Notice of Errors. We believe that it is in the interest of the Court and the parties for the Government to file a corrected brief so that it is not necessary to refer to the errata sheet referred to above in order to read the Government's post-trial brief correctly. In addition, the Government requests permission to supplement its appendix with two pages, A0773A and A0905, to which we had referred in our post-trial brief, but were inadvertently omitted from the appendix that we filed on March 3, 2008.1

Even though the Court has not yet granted the Government's April 22, 2008 motion for leave to amend Exhibit A and defendant's post-trial appendix, the Government has also

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Case 1:96-cv-00408-LAS

Document 173

Filed 05/19/2008

Page 2 of 3

For the foregoing reasons, we respectfully request that the Court grant the Government's motion for leave to file. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General

/s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director /s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8278 Attorneys for Defendant MAY 19, 2008

included a corrected copy of Exhibit A. -2-

Case 1:96-cv-00408-LAS

Document 173

Filed 05/19/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 19th day of MAY, 2008, a copy of this "DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED POST-TRIAL BRIEF AND APPENDIX PAGES A0773A AND A0905" was filed e1ectronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing, through the Court's system. /s/ Sheryl L. Floyd