FARM-TO-CONSUMER LEGAL DEFENSE FUND et al v. SCHAFER et al

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)

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 [e-mail] Phone: [phone] Counsel for Plaintiffs

Dockets.Justia.com

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 [e-mail] 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 [e-mail] First Assistant Danielle Allison-Yokom [e-mail] 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

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