U.S. Department
of Justice
Plaintiff United States' Motion For Leave To File A Surreply
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 FOR THE DISTRICT OF ARIZONA
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/"________________ FOR THE DISTRICT OF ARIZONA
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.
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.
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