Free Motion to Consolidate Cases - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

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Filed 11/07/2007

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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) DECLARATION OF JOSHUA SONDHEIMER IN SUPPORT OF THE PEOPLE'S MOTION TO COORDINATE PRETRIAL PROCEEDINGS

I, Joshua Sondheimer, hereby declare: 1. I am a Deputy Attorney General for the State of California, and a member in good

standing of the State Bar of California and of this Court. My office is counsel 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 ("CERS") (collectively, "the People") in this action. I provide this declaration in support of the People's Motion to Coordinate Pretrial Proceedings. The statements below are based on my personal knowledge, and I could and would testify competently in a court of law to their truthfulness if called upon to do so. 2. Attached hereto as Exhibit A is a true and correct copy of the California Parties'

Complaint for Damages and Declaratory Relief, excluding exhibits, in Pacific Gas & Elec. Co., v. United States, Case No. 07-157C, pending before this Court.

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Case 1:07-cv-00184-LAS

Document 24-2

Filed 11/07/2007

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3.

Counsel for plaintiffs in Pacific Gas & Elec. Co., et al. v. United States, Case

No. 07-157C, and San Diego Gas & Elec. Co v. United States, Case No. 07-167C have informed this Office that they do not oppose the People's request for pre-trial coordination. 4. The United States has advised this Office that it is in favor of efficiencies in the

litigation but takes no official position on formal coordination until it has time to study the matter further.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. Executed on November 7, 2007, at San Francisco, California. /s/ Joshua Sondheimer JOSHUA SONDHEIMER

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