Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 22

Filed 08/31/2007

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 STATUS REPORT REGARDING DEFENDANT'S RESPONSE TO PLAINTIFFS' COMPLAINT Pursuant to the Court's August 24, 2007 Order, defendant submits this status report regarding the parties' agreed-upon time-line for defendant to respond to plaintiffs' complaint. We have consulted with plaintiffs' counsel, and they have represented that plaintiffs concur with this status report. Defendant will respond to plaintiffs' complaint by Friday, November 30, 2007.1 The parties reserve the right to revisit the issue of staying this matter should the United States Supreme Court grant Pacific Gas and Electric Company's petition for certiorari in BPA v. FERC, 422 F.3d 908 (9th Cir. 2005). Respectfully submitted, PETER D. KEISLER Assistant Attorney General

The parties intend to confer about possibly briefing the issues that might be presented in the Government's response in stages to facilitate their consideration by the Court. Should they reach agreement about that, they will file a subsequent proposal regarding it with the Court.

1

Case 1:07-cv-00184-LAS

Document 22

Filed 08/31/2007

Page 2 of 3

s/ Jeanne E. Davidson by Bryant G. Snee JEANNE E. DAVIDSON Director OF COUNSEL: Sean B. McNamara Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration August 31, 2007 Attorneys for Defendant s/ Mark A. Melnick MARK A. MELNICK Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

2

Case 1:07-cv-00184-LAS

Document 22

Filed 08/31/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 31st day of August, 2007, a copy of the foregoing "DEFENDANT'S STATUS REPORT REGARDING DEFENDANT'S RESPONSE TO PLAINTIFFS' COMPLAINT," 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