Filing 39

MOTION for Leave to File Sur-Reply to USDA's Reply to USDA's Motion to Dismiss First Amended Complaint by DAN NOLT, GREG NIEWENDORP, FARM-TO-CONSUMER LEGAL DEFENSE FUND, ROBERT ALEXANDER, JOE GOLIMBIESKI, ROBERT KEYWORTH, GLEN MAST, ANDREW SCHNEIDER, ROSEANNE WYANT (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Doe v. Von Eschenbach, # 3 Exhibit B - Barfield v US DOJ)(Cox, David)

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FARM-TO-CONSUMER LEGAL DEFENSE FUND et al v. SCHAFER et al Doc. 39 BEFORE THE UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA Farm-to-Consumer Legal Defense Fund, et al. Plaintiffs v. U.S. Department of Agriculture, et al. Defendants : : : : : : : : : : Case No. 1:08-cv-01546-RMC Judge Rosemary M. Collyer PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY TO USDA'S MOTION TO DISMISS FIRST AMENDED COMPLAINT Plaintiffs move the Court for leave to file a Sur-Reply to Defendant United States Department of Agriculture's Reply to their motion to dismiss Plaintiffs' first amended complaint. This is a motion pursuant to Fed.R.Civ.Proc. 7(b). Concurrence has been sought but not received. The Sur-Reply will be short, will not delay the case, or cause undue burden or prejudice to any of the parties. The Sur-Reply will serve the Court's interest in efficiency and economy pursuant to Fed.R.Civ.Proc. 1. A memorandum in support is attached hereto and incorporated by reference as if rewritten herein. Dated: April 29, 2009 Respectfully submitted, /s/ David G. Cox David G. Cox (D.C. Bar No. OH 0020) 4240 Kendale Road Columbus, OH 43220 Phone: 614-457-5167 Counsel for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on April 29, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Peter T. Wechsler Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Counsel for USDA and James E. Riley First Assistant Danielle Allison-Yokom Assistant Attorney General Michigan Department of Agriculture Environment, Natural Resources and Agriculture Division 525 West Ottawa Street 6th Floor Williams Building Lansing, MI 48913 Counsel for MDA /s/ David G. Cox David G. Cox 2

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