Free Status Report - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 207

Filed 11/14/2005

Page 1 of 3

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

No. 00-697C (Senior Judge Merow)

DEFENDANT'S STATUS REPORT UPON BEHALF OF THE PARTIES Pursuant to the Court's order dated October 26, 2005, defendant, the United States, respectfully submits this status report upon behalf of the parties.1 The parties have been diligently continuing with discovery activity in this case. Since the telephone conference on October 26, 2005, an additional five fact witness depositions of the plaintiff's present and former employees have been conducted, and two depositions of plaintiff's accounting personnel previously-scheduled for the week of November 14, 2005, have been canceled by agreement of the parties in an effort to use that week to allow plaintiff an opportunity to provide certain of the information sought through more informal audit activity. The involvement of counsel for the parties in the discovery proceedings to date has not allowed for the formulation of a revised pretrial schedule. However, in accordance with the Court's order dated October 26, 2005, counsel for the parties represent that they presently believe that they will be able to formulate the revised plan by no later than December 6, 2005.

The form and content of this status report have been approved by plaintiff's counsel, Richard W. Oehler, and plaintiff has authorized us to file this report upon the parties' behalf.

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Case 1:00-cv-00697-JFM

Document 207

Filed 11/14/2005

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN 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 ALAN J. LO RE Senior Trial Attorney RUSSELL A. SHULTIS SONIA M. ORFIELD HEIDE L. HERRMANN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice November 14, 2005

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

s/ Kevin B. Crawford KEVIN B. CRAWFORD 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

Case 1:00-cv-00697-JFM

Document 207

Filed 11/14/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that, on November 14, 2005, a copy of foregoing "DEFENDANTS STATUS REPORT UPON BEHALF OF BOTH PARTIES" 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/ Alan J. Lo Re