Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 48

Filed 06/11/2008

Page 1 of 3

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. ) No. 07-184C ) (Senior Judge Smith) ) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS Pursuant to Rule 5.3(b)(2) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests leave of the Court to file a reply brief no longer than 36 pages. We have conferred with plaintiffs' counsel, and plaintiffs' counsel has informed us that plaintiffs do not oppose this motion. Rule 5.3(b)(2) limits the length of an opening brief to 40 pages and of a reply brief to 20 pages. In its February 5, 2008 order, the Court permitted the parties to file 60-page opening briefs. Our initial brief in this matter contains 54 pages, with seven footnotes. Plaintiffs' brief contains 56 pages and 38 footnotes. We have made every effort to limit the length of our reply, but the complexity and detail of plaintiffs' brief, reflected in the brief's many footnotes, has required us to exceed the maximum amount of pages allowed under the Rules. Accordingly, we respectfully request that the Court permit us to file a 36-page reply brief.

Case 1:07-cv-00184-LAS

Document 48

Filed 06/11/2008

Page 2 of 3

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director OF COUNSEL: Sean B. McNamara Trial Attorney Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration June 11, 2008 s/ Mark A. Melnick MARK A. MELNICK Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

Attorneys for Defendant

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Case 1:07-cv-00184-LAS

Document 48

Filed 06/11/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 11th day of June, 2008, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITS" 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 parties may access this filing through the Court's system.

s/ Mark A. Melnick