Plaintiff United States' Motion For Leave To File A Surreply

Date: 
Friday, March 23, 2001
Document Type: 
Motions and Memoranda - Miscellaneous
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Robert L. McGeorge
D.C. Bar No. 91900
United States Department of Justice
325 Seventh Street, N.W., Suite 500
Washington, DC 20530
(202) 307-6361; (202) 307-2784 (fax)
Attorney for Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA


UNITED STATES OF AMERICA,

                  Plaintiff,

                  v.

LSL BIOTECHNOLOGIES, INC., et al.,                    

                  Defendants.


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Case No.: CV-00-529-TUC-RCC

PLAINTIFF UNITED STATES'
MOTION FOR LEAVE TO
FILE A SURREPLY

Pursuant to Local Rule 1.10, the United States -- the Plaintiff in this action -- hereby moves for leave to file the attached Surreply and Memorandum of Points and Authorities.

The Defendants filed a Motion to Dismiss this action on December 5, 2000; the United States submitted its Opposition on February 2, 2001; and the Defendants filed their Reply on March 20, 2001. In the Memorandum of Points and Authorities in support of their Reply, the Defendants raised several issues for the first time, relying on three cases not previously discussed in their Motion to Dismiss. Two of those cases, including one which the United States believes supports our position, were issued after the United States submitted its Opposition.

The United States seeks a fair opportunity to respond to the new cases cited by Defendants in their Reply. Accordingly, we request that the Court accept a brief Surreply and Memorandum of Points and Authorities for this purpose.

A proposed form of order accompanies this motion.

DATED this 23rd day of March, 2001.

FOR PLAINTIFF UNITED STATES

_______________"/s/"________________
Robert L. McGeorge
Tracey D. Chambers
Janet R. Urban
Andrew K. Rosa
John R. Read
Trial Attorneys
U.S. Department of Justice
Antitrust Division


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA


UNITED STATES OF AMERICA,

                  Plaintiff,

                  v.

LSL BIOTECHNOLOGIES, INC., et al.,                    

                  Defendants.


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Case No.: CV-00-529-TUC-RCC

PROPOSED ORDER FOR
LEAVE FOR PLAINTIFF
UNITED STATES TO FILE
A SURREPLY

Upon motion of the United States, there being no opposition from Defendants, and good cause appearing,

IT IS HEREBY ORDERED that the United States has leave to submit a Surreply and supporting Memorandum of Points and Authorities in connection with the Defendants' Motion to Dismiss.

DATED this ____ day of _______________________, 2001.


  _______________________________________
HON. RANER C. COLLINS
United States District Judge



CERTIFICATE OF SERVICE

I hereby certify that I have caused a copy of the foregoing document to be served on the following counsel for Defendants by first class mail, postage prepaid and facsimile transmission:

By first class mail, postage prepaid:

William J. Kolasky
Thomas F. Connell
Jeffrey D. Ayer
Jay V. Prabhu
Wilmer, Cutler & Pickering
2445 M Street, N.W.
Washington, DC 20037-1420
Attorneys for Defendants LSL Biotechnologies, Inc. and LSL PlantScience LLC

Clifford B. Altfeld
Leonard Felker Altfeld Greenberg & Battaile, P.C.
250 North Meyer Avenue
Tucson, AZ 85702-0191
Attorneys for Defendants LSL Biotechnologies, Inc. and LSL PlantScience LLC

Charles Westland
Michael Nolan
Milbank Tweed Hadley & McCloy LLP
1 Chase Manhattan Plaza
New York, NY 10005
Attorneys for Defendant Seminis Vegetable Seeds, Inc.

Kim E. Williamson
Kim E. Williamson P.L.C.
504 South Stone Avenue
Tucson, AZ 85701
Attorneys for Defendant Seminis Vegetable Seeds, Inc.

  ____________"/s/"____________3/23/2001
Robert L. McGeorge                             Date
Antitrust Division
U.S. Department of Justice
325 Seventh Street, N.W., Suite 500
Washington, DC 20530
(202) 307-0886

Attachments: 
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Updated June 30, 2015