Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 51

Filed 06/17/2008

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ELECTRONICALLY FILED ON JUNE 17, 2008

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, and the CALIFORNIA DEPARTMENT OF WATER RESOURCES BY AND THROUGH ITS CALIFORNIA ENERGY RESOURCES SCHEDULING DIVISION, Plaintiffs, v. THE UNITED STATES, Defendant.

No. 07-184C (Hon. Loren A. Smith, Senior Judge) THE PEOPLE'S UNOPPOSED REQUEST TO FILE SURREPLY

Defendant's reply brief in support of its motion to dismiss contains new evidence and argument. Def's Reply at 7-8. Defendant also submitted this evidence and argument in its reply in the related consolidated matter, Pacific Gas and Elec. Co., et al. v. United States, No. 07-157C (LAS) (the "Utilities' Action"). In the Utilities' Action, the Utilities requested leave to file a surreply, and the Court granted permission for a surreply of not more than 20 pages. Plaintiffs the People of the State of California ex rel. Edmund G. Brown Jr., Attorney General of the State of California, and the California Department of Water Resources, by and through its California Energy Resources Scheduling Division (CERS) (collectively, "the People"), respectfully request permission also to file a surreply of not more than 20 pages. The People request to June 20, 2008 to file their surreply, just four days after defendant's submission of their reply brief and four days in advance of the June 24, 2008 hearing. We have conferred with defendant's counsel, and defendant's counsel has informed us that defendant does not

Case 1:07-cv-00184-LAS

Document 51

Filed 06/17/2008

Page 2 of 2

oppose this request. Dated: June 17, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California MARK BRECKLER Senior Assistant Attorney General By:/s/ Martin Goyette (by Joshua Sondheimer) MARTIN GOYETTE Supervising Deputy Attorney General Office of the Attorney General 1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 Tel. (510) 622-2207 Fax (510) 622-2270 [email protected] ATTORNEY OF RECORD FOR PLAINTIFFS THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, and the CALIFORNIA DEPARTMENT OF WATER RESOURCES BY AND THROUGH ITS CALIFORNIA ENERGY RESOURCES SCHEDULING DIVISION OF COUNSEL: GARY ALEXANDER JOSHUA SONDHEIMER JULIA JE Deputy Attorneys General Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Tel. (415) 703-5500 Fax (415) 703-5480 PEGGY BERNARDY California Department of Water Resources California Energy Resources Scheduling Division 3310 El Camino Avenue, Suite 120 Sacramento, CA 95821 Tel. (916) 574-0321 Fax (916) 654-9822

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