UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Northwest Bypass Group, et al.,

 Plaintiffs

 v. Docket No. 06-cv-00258-SM

U. S. Army Corps of Engineers, et al.,

 Defendants

PLAINTIFFS’ ASSENTED-TO MOTION FOR LEAVE TO FILE

REPLY OR REPLIES TO DEFENDANTS’ OPPOSING MEMORANDA

NOW COME plaintiffs Northwest Bypass Group, Morton C. and

Carolyn H. Tuttle and Leslie J. Ludtke, by and through their

counsel, Gordon R. Blakeney, Jr., pursuant to LR 7.1(e)(2), and

respectfully say as follows.

1. As stated in the plaintiffs’ Motion for Temporary

Restraining Order and Preliminary Injunction with Request for

Expedited Hearing (“plaintiffs’ Motion”), at page 3, “The parties

ha[d] agreed to notify the Court of a date or dates on which a

hearing could be held that would allow consideration of preliminary

relief prior to the commencement of work likely to cause

irreparable harm.”

2. Pursuant to that agreement, first, undersigned counsel

filed an Addendum to Motion for Temporary Restraining Order (Etc.)

Regarding Hearing Date and Relief Requested, which stated, in

pertinent part: “[T]he parties are in agreement that a temporary

restraining order will neither have to be heard or issued to

preserve the status quo, contingent upon the Court’s availability

Case 1:06-cv-00258-JAW Document 23 Filed 08/17/06 Page 1 of 4
2

to hear and act upon a preliminary injunction, once the City

provides its best estimate for an actual intended construction

schedule.” Id. at 2.

3. Subsequently, the parties notified the Court that their

suggested hearing date for the plaintiffs’ Motion was August 22,

2006, a date subsequently adopted by Order entered July 25, 2006.

4. Finally, the parties agreed, inter alia, that the

defendants’ deadlines for objecting to the plaintiffs’ Motion would

be enlarged to August 15, 2006, which was reflected in the

defendant’s joint Assented-to Motion for Extensions of Time and

Page Limits, and approved by Endorsed Order entered July 31, 2006.

5. In discussing the defendants’ requested enlargement, the

parties agreed that the August 15, 2006, deadline would give the

plaintiffs sufficient time to file a reply or replies to the

defendants’ objections before the hearing on August 22, 2006.

6. A reply or replies is or are warranted because the

defendants’ objections assert numerous arguments for which the

plaintiffs contend they will offer substantive responses.

7. Accordingly, the plaintiffs request that they be granted

leave to file a reply or replies no later than 12:00 PM (Noon),

Monday, August 21, 2006, and further request that a single reply

shall be limited to 20 pages while two replies shall be limited to

10 pages each.

8. Counsel for the defendants concur in this request for

leave to file a reply or replies.

9. A memorandum of law will not be necessary in support of

Case 1:06-cv-00258-JAW Document 23 Filed 08/17/06 Page 2 of 4
3

this motion, as all supporting grounds are set forth or

incorporated by reference herein.

WHEREFORE, the plaintiffs respectfully pray:

A. That this Honorable Court shall grant the plaintiffs leave

to file a reply or replies to the defendants’ objections no later

than 12:00 PM (Noon), Monday, August 21, 2006;

B. That this Honorable Court shall grant the plaintiffs leave

to file a single reply limited to 20 pages or two replies limited

to 10 pages each; and

C. For such other and further relief as may be just and

equitable.

 Respectfully submitted,

 NORTHWEST BYPASS GROUP

 MORTON C. AND CAROLYN H. TUTTLE

 AND LESLIE J. LUDTKE

 By Their Attorney,

 Gordon R. Blakeney, Jr.

Dated: _August 17, 2006__ By: /s/_Gordon R. Blakeney, Jr.__

 Gordon R. Blakeney, Jr., Esq.

 NH 6802

 Building 4, Suite C

 105 Loudon Road

 Concord, N.H. 03301

 (603) 225-2310

 rbplease@aol.com

CERTIFICATE OF SERVICE

 I hereby certify that on August 16, 2006, I electronically

filed the foregoing PLAINTIFFS’ ASSENTED-TO MOTION FOR LEAVE TO

FILE REPLY OR REPLIES TO DEFENDANTS’ OPPOSING MEMORANDA with the

Clerk of the Court using the CM/ECF system, which will send

notification of such filing to the following:

John P. Almeida

Daniel R. Dertke

Bruce W. Felmly

Case 1:06-cv-00258-JAW Document 23 Filed 08/17/06 Page 3 of 4
4

E. Tupper Kinder

Samantha Klein

Gregory H. Smith

Dated: _August 17, 2006__ By: /s/_Gordon R. Blakeney, Jr.__

 Gordon R. Blakeney, Jr., Esq.

Case 1:06-cv-00258-JAW Document 23 Filed 08/17/06 Page 4 of 4