Free Response to Motion - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 381

Filed 02/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-697C (Senior Judge Merow)

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO AMEND THE CUMULATIVE INDEX Defendant, the United States, respectfully submits the following response to plaintiff's motion to amend the cumulative index. Defendant does not oppose plaintiff's motion. However, defendant has submitted its own index for defendant's demonstrative exhibits. That index, and not the index proposed by plaintiff, should be adopted to describe defendant's demonstrative exhibits on the cumulative index. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director

OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

Case 1:00-cv-00697-JFM

Document 381

Filed 02/21/2008

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ALAN LO RE Senior Trial Attorney STEPHEN FINN RUSSELL A. SHULTIS SONIA M. ORFIELD Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice

s/ Sharon A. Snyder SHARON A. SNYDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant

February 21, 2008

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Case 1:00-cv-00697-JFM

Document 381

Filed 02/21/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on February 21, 2008, a copy of this "DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO AMEND THE CUMULATIVE INDEX" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Sharon A. Snyder