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

Case 1:96-cv-00408-LAS

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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 AMEND EXHIBIT A AND DEFENDANT'S POST-TRIAL APPENDIX Defendant respectfully requests leave of the Court to file a corrected copy of Exhibit A, that was attached to and incorporated in the Government's post-trial brief, and to amend the appendix to its post-trial brief by adding several trial transcript pages that had been inadvertently omitted. Defendant's counsel of record has determined that the defendant committed several typographical and clerical errors in Exhibit A. In some cases, transcript pages did not correspond with appendix pages and, in other cases, transcript pages were missing from the appendix that the defendant filed in conjunction with its post-trial brief. In addition, defendant has deleted its reference to PX 308, which although plaintiff referred to it during trial, plaintiff did not move PX 308 into evidence. Defendant replaced its reference to PX 308 with a reference to another document that was admitted into evidence during trial. None of these changes is substantive. For the reasons contained in this brief and in our initial request, we respectfully request that the Court grant our motion for enlargement of time. Respectfully submitted, JEFFREY S. BUCHOLTZ Assistant Attorney General

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/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 APRIL 22, 2008

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Case 1:96-cv-00408-LAS

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CERTIFICATE OF FILING I hereby certify that on this 22nd day of APRIL, 2008, a copy of this "DEFENDANT'S MOTION FOR LEAVE TO AMEND EXHIBIT A AND DEFENDANT'S POST-TRIAL APPENDIX" 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

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