Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:00-cv-00440-CCM

Document 191

Filed 03/31/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ GPU NUCLEAR, INC., ) ) Plaintiff, ) ) v. ) No. 00-440C ) (Judge Christine Miller) THE UNITED STATES, ) ) Defendant. ) )

STIPULATION OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a) and (c) of the Rules of the United States Court of Federal Claims, the parties, GPU Nuclear, Inc., and the United States, by their respective attorneys, stipulate to dismiss all of plaintiff's claims, with each party to bear its own costs, expenses, and attorneys fees. Plaintiff and defendant agree that defendant, by agreeing to the voluntary dismissal of this action, is not stipulating to, and is not waiving its right to contest in any other or future action that has been or may be filed, any issue that could have been litigated in this case, including but not limited to the validity of any alleged assignment of plaintiff's claims to Exelon Generation Company, LLC ("Exelon"), Amergen Energy Company, LLC ("Amergen"), or any other third party; the ability of Exelon, Amergen, and/or any other third party to prosecute the claims allegedly at issue in the Complaint in this case in their own name(s); the requirement that plaintiff or its assignee pay the one-time fee required by the Standard Contract; and the Government's liability for its delay in beginning spent nuclear fuel acceptance.

Case 1:00-cv-00440-CCM

Document 191

Filed 03/31/2004

Page 2 of 3

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Brad Fagg Brad Fagg MORGAN, LEWIS & BOCKIUS, LLP 1111 Pennsylvania Avenue, N.W. Washington, DC 20004 (202) 739-5191 ­ telephone (202) 739-3001 ­ facsimile s/ Kevin B. Crawford Kevin B. Crawford Trial Attorney Commercial Litigation Branch, Civil Division 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 (202) 305-7562 ­ telephone (202) 307-2503 ­ facsimile

of Counsel: Paul M. Bessette MORGAN, LEWIS & BOCKIUS, LLP Attorneys for Plaintiff GPU Nuclear, Inc. Attorneys for Defendant

March 31, 2004

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Case 1:00-cv-00440-CCM

Document 191

Filed 03/31/2004

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury that on this 31st day of March, 2004, the foregoing was filed with the Court electronically, and service is thereby deemed to have been made upon all counsel of record.

s/ Paul Bessette

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