Wednesday, September 02, 2015 9:47:50 AM
LOUISE RAFTER, et al., )
)
Plaintiffs, )
)No. 14-740C
v. ) (Judge Sweeney)
)
THE UNITED STATES, )
)
Defendant. )
Case 1:14-cv-00740-MMS Document 17 Filed 09/01/15 Page 1 of 3
DEFENDANT’S RESPONSE TO PLAINTIFFS’
MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT
Pursuant to Rule 7.2 of the Rules of the United States Court of Federal Claims (RCFC), defendant, the United States, respectfully responds to the motion for leave to file an amended complaint filed by plaintiffs on August 17, 2015. As noted in plaintiffs’ motion, plaintiffs asked, shortly before filing, whether we would consent to the motion, and we were unable to confer with our client and notify counsel of our position within that limited time frame. Having considered plaintiffs’ request, however, we do not oppose the filing of plaintiffs’ amended complaint, although we reserve our right to raise any and all defenses, including jurisdictional defenses, arising from the amended complaint.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
s/ Robert E. Kirschman, Jr.
ROBERT E. KIRSCHMAN, JR.
Director
s/ Kenneth M. Dintzer
KENNETH M. DINTZER
Deputy Director
Commercial Litigation Branch
Civil Division
Department of Justice
P.O. Box 480
Ben Franklin Station
Washington, D.C. 20044
(202) 616-0385
(202) 307-0972 fax
kenneth.dintzer@usdoj.gov
September 1, 2015 Attorneys for Defendant
CERTIFICATE OF FILING
I hereby certify that on October 10, 2014, a copy of the foregoing “DEFENDANT’S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME” was filed electronically. 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 Elizabeth M. Hosford
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