Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 191

Filed 08/18/2005

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 Filed electronically: August 18, 2005

JOINT MOTION FOR AN ORDER REGARDING DISCOVERY OF DRAFT EXPERT REPORTS Plaintiff Wisconsin Electric Power Company ("WE"), and Defendant, the United States, respectfully request that the Court enter an order, based upon the joint stipulation of the parties, that no party shall be required to produce any draft (including copies) of any expert report prepared in connection with this case or in any other spent nuclear fuel ("SNF") case that is or was pending before this Court. The parties agree that, for the benefit of both parties, they would like the Court to enter an order that eliminates the need for either party to produce drafts of their respective experts' final written reports. A proposed order, containing language upon which both parties agree, is attached to this motion.

[28795-0001/DA052240.024]

8/18/05

Case 1:00-cv-00697-JFM

Document 191

Filed 08/18/2005

Page 2 of 3

For the foregoing reasons, the parties respectfully request that the Court grant this motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. (by permission) HAROLD D. LESTER, JR. Assistant Director s/Kevin B. Crawford (by permission) KEVIN B. CRAWFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn:Classification Unit Eighth Floor Washington, D.C. 20530 Tel: (202) 305-9640 Fax: (202) 514-7065 Attorneys for Defendant

s/Richard W. Oehler by s/Donald J. Carney RICHARD W. OEHLER Perkins Coie LLP 1201 Third Avenue, 40th Floor Seattle, Washington 98101-3099 Tel: (206) 583-8419 Fax: (206) 583-8500 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675 Dated: August 18, 2005

[28795-0001/DA052240.024]

8/18/05

Case 1:00-cv-00697-JFM

Document 191

Filed 08/18/2005

Page 3 of 3

CERTIFICATE OF FILING I certify under penalty of perjury that, on August 18, 2005, the foregoing Joint Motion For An Order Regarding Discovery of Draft Expert Reports 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/Donald J. Carney Donald J. Carney

[28795-0001/DA052240.024]

8/18/05