ROCCO TOMMASEO, et al
THE UNITED STATES
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
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
• 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
• 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.
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
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
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
s/Stephen M. Wiles
Stephen M. Wiles