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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

MICROSEMI CORPORATION,

                  Defendant.


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Civil Action No. 1:08 CV 1311
Judge: Trenga, Anthony J.
Filed: February 12, 2009

Hearing Date: February 20, 2009



PLAINTIFF'S MOTION FOR LEAVE TO FILE A SURREBUTTAL

Plaintiff United States, through its undersigned counsel, and pursuant to Local Civil Rule 7(F)(1), respectfully requests that this Court grant Plaintiff leave to file a surrebuttal to Defendant Microsemi's Motion to Dismiss for Improper Venue, Motion to Dismiss for Lack of Personal Jurisdiction, or, in the Alternative, Motion to Transfer Venue. In its rebuttal memorandum, Defendant argues for the first time that its contacts with the forum do not satisfy constitutional due process requirements. Plaintiff seeks a fair opportunity to respond to this argument. A memorandum in support and a proposed order accompany this motion.

Plaintiff conferred with Defendant pursuant to Local Civil Rule 7(E) regarding the filing of this motion. On February 12, 2009, Defendant informed Plaintiff that it would oppose this motion.

Dated: February 12, 2009 Respectfully submitted,


_______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 12th day of February, 2009, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following:

Brian A. O'Dea
Michael Antalics
Benjamin G. Bradshaw
William T. Buffaloe

O'Melveny & Meyers LLP
1625 Eye Street, N.W.
Washington, DC 20006



    _______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov