Free Motion for Authorization of Service 100+ Miles - 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. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-697C (Senior Judge Merow)

DEFENDANT'S MOTION FOR AUTHORIZATION OF SERVICE OF A SUBPOENA, AND MOTION FOR EXPEDITED CONSIDERATION Pursuant to Rules 45(b)(2) and 45(e) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests that the Court authorize the issuance of a subpoena to compel Mr. Roger Newton, a former employee of Wisconsin Electric Power Company ("WEPCO"), to travel more than 100 miles to testify at the trial in the abovecaptioned matter in Washington, D.C. Defendant's counsel has

prepared a draft order, a copy of which is appended to this motion. Further, because the witness who is the subject of this

motion will be scheduled to testify during the week of October 1, 2007, defendant respectfully requests that the Court expedite consideration of this motion. The trial in this case began on Monday, September 10, 2007. The Government included Mr. Newton on its witness list filed on January 24, 2007. Mr. Newton possesses relevant information As the Government indicated

regarding the issues in this case.

in its witness list, Mr. Newton is expected to testify regarding

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WEPCO's spent fuel storage needs subsequent to its second reracking of its spent fuel pool, "the Newton project", and other relevant matters. Nevertheless, Mr. Newton resides in Hartland,

Wisconsin, more that 100 miles from the place of trial. Accordingly, to ensure that service of a subpoena by the United States Marshals Service (or an alternative process server, should that method of service become necessary) is enforceable, we need to obtain an order from the Court authorizing us to require Mr. Newton to travel more than 100 miles to the place of trial. Government expects to pay the costs of Mr. Newton's travel. Under these circumstances, good cause exists for the issuance of a subpoena. Accordingly, defendant respectfully requests the Court to authorize the issuance of a subpoena to require Mr. Newton to travel more than 100 miles to the place of trial. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director The

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

s/ 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 Phone: (202) 616-0347 Fax: (202) 307-2503

ALAN J. LO RE Senior Trial Counsel SONIA M. ORFIELD RUSSELL A. SHULTIS STEPHEN FINN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice September 14, 2007 Attorneys for Defendant

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER Upon motion of defendant, the United States, this Court hereby authorizes defendant to issue a subpoena requiring attendance of Mr. Roger Newton, a former employee of Plaintiff, Wisconsin Electric Power Company, at trial in the above-captioned matter in Washington D.C., during the week of October 1, 2007, and continuing until completion of trial, notwithstanding distance of travel. It is so ORDERED.

No. 00-697C (Senior Judge Merow)

_________________________ JAMES F. MEROW Judge Dated September 14, 2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on September 14, 2007 a copy of this "DEFENDANT'S MOTION FOR AUTHORIZATION OF SERVICE OF A SUBPOENA, AND MOTION FOR EXPEDITED CONSIDERATION" 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. the Court's system. Parties may access this filing through

s/ Sonia M. Orfield

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