You're viewing Docket Item 35 from the case ST. BERNARD PARISH GOVERNMENT v. USA. View the full docket and case details.

Download this document:




ROCCO TOMMASEO, et al








____________________________________
)
)
)
)
)
)
)
)
)
)
____________________________________)






THE UNITED STATES


Plaintiffs




Defendant












V.











1:05-cv-1119 SGB
Hon. Susan G. Braden




Case 1:05-cv-01119-SGB Document 35 Filed 01/27/2007 Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

MOTION FOR LEAVE OF COURT TO FILE SUPPLEMENTAL

MEMORANDUM




NOW INTO COURT comes counsel for Plaintiffs Rocco Tommaseo, et al. who

hereby respectfully requests this Honorable Court for leave to file a Supplemental

Memorandum into the record to provide additional factual and legal support for

Plaintiffs’ Motion In Limine (Record Document 29) and Plaintiffs’ Opposition to

Defendant’s Motion to Dismiss (Record Document 32). This filing is necessary and good

cause exists as a full exposition of these factual and legal issues is required in this case.

The document is eight pages long and contains four exhibits:

• A thirteen page Declaration of G. Paul Kemp, Ph.D relating to the flooding in St.

Bernard and Orleans Parishes. This is new evidence which was only provided

this month.

• A twelve page article: An Initial Assessment of the New Orleans’ Flooding Event

by Ivor L. Van Heerden, G. Paul Kemp, Wes Shrum, Ezra Boyd and Hassan

Mashruqui. The authors are affiliated with the Center for the Study of Public

Health Impacts of Hurricanes at Louisiana State University. The research was

Case 1:05-cv-01119-SGB Document 35 Filed 01/27/2007 Page 2 of 3

funded by that entity and the Louisiana Department of Transportation and

Development.

• Two Declarations totaling five pages containing the observations of two live-

long residents of St. Bernard Parish who worked and used the waterways in

southeast Louisiana including the Mississippi River-Gulf Outlet.

These

declarations were previously filed into the record and these copies are tendered

here for the convenience of the court.

Wherefore Plaintiffs’ request leave to file this document into the record.



Respectfully submitted this 27th day of January, 2007.



s/Stephen M. Wiles
F. Gerald Maples T.A. (LA#25960)
Stephen M. Wiles (LA# 17865)
Carlos A. Zelaya, II (LA#22900)
F. GERALD MAPLES, P.A.
902 Julia Street
New Orleans, LA 70113
Telephone: (504) 569-8732
Facsimile: (504) 525-6932

-and-

J. Wayne Mumphrey (LA#9824)
MUMPHREY LAW FIRM, LLC
One Canal Place
365 Canal Street, Sute 2280
New Orleans, LA 70130
Telephone: (504) 569-0661
Facsimile: (504) 569-0665


-and-

John H. Musser, IV (LA# 9863)
201 St. Charles Avenue; Suite 2500
New Orleans, LA 70170
Telephone: (504) 599-5964
Facsimile: (504) 566-7185






















Case 1:05-cv-01119-SGB Document 35 Filed 01/27/2007 Page 3 of 3



CERTIFICATE OF SERVICE

I hereby certify that by filing the foregoing pleading via the ECF for the U.S.
Court of Federal Claims a copy of the above and foregoing will be served on counsel for
the United States, Fred Russell Disheroon, at [email protected] this 27th day of
January, 2007.




s/Stephen M. Wiles
Stephen M. Wiles