Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. PLAINTIFF'S MOTION TO AMEND THE CUMULATIVE INDEX Plaintiff Wisconsin Electric Power Company ("WE") respectfully moves to amend the January 25, 2008 Cumulative Index by Heritage Reporting because it contains material inaccuracies. Specifically, the Cumulative Index does not contain a full list of Plaintiff's Demonstrative Exhibits ("PDXs"). WE further notes that the Cumulative Index does not contain a full and accurate list of Defendant's Demonstrative Exhibits ("DDX"), but defers to the Government regarding the DDXs. WE has no objection to modifying the Cumulative Index to contain a complete and accurate index of DDXs. The Cumulative Index does not include all PDXs. The Court, however, indicated at the conclusion of trial that all demonstratives were to accompany the record in this case. Tr. 6410: 4-7 (October 16, 2007). Thereafter, on October 24, 2007, WE's counsel sent to Heritage Reporting Corporation a complete set of the PDXs. Counsel's transmittal letter to Heritage and an index of the PDXs are attached at Appendix ("Appx.") 1-4. For the Court's and the Government's information, we also attach WE's index of the DDXs. We believe that many DDXs are missing from the Cumulative Index or are inaccurately described. Compare Appx. at 5 with Cumulative Index. As to Plaintiff's Exhibits admitted by the Court ("PXs"), the Cumulative Index appears to include all PXs in the sense that page 15 in the Cumulative Index lists Joint (Senior Judge Merow)

No. 00-697C

28795-0001/LEGAL13926326.1

Case 1:00-cv-00697-JFM

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Exhibit 1. Joint Exhibit 1, in turn, identifies numerous PXs and Defendant's Exhibits that were admitted into evidence by the Court prior to trial. If the Court reads the Cumulative Index to include all of the exhibits listed on Joint Exhibit 1, WE does not object to that aspect of the Cumulative Index. However, if the Court desires that the Cumulative Index separately list all PXs and DXs, WE would be happy to provide the Court with a complete list of PXs. For the foregoing reasons, WE respectfully requests that the Court grant Plaintiff's motion to amend the Cumulative Index to add a complete listing of all PDXs. WE has no objection to modifying the Cumulative Index to include a complete and accurate list of DDXs as well and to include an index that separately identifies all PXs and DXs. Dated: February 1, 2008 Respectfully submitted, s/ Richard W. Oehler by s/Emily C.C. Poulin Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 (206) 583-8419 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Mary Rose Hughes Emily C.C. Poulin Jay L. Griffiths Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675

-228795-0001/LEGAL13926326.1

Case 1:00-cv-00697-JFM

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CERTIFICATE OF SERVICE
I certify under penalty of perjury that, on February 1, 2008, I caused a copy of the foregoing "Plaintiff's Motion to Amend the Cumulative Index" to be 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/ Emily C.C. Poulin Emily C.C. Poulin

28795-0001/LEGAL13926326.1

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APPENDIX

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