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

Case 1:07-cv-00184-LAS

Document 19-2

Filed 08/08/2007

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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. ) No. 07-184C ) (Senior Judge Smith) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S THIRD STATUS REPORT REGARDING THE RELATED PETITION FOR A WRIT OF CERTIORARI Defendant respectfully submits this status report regarding the related petition for a writ of certiorari from the United States Supreme Court. As expected, on August 6, 2007, Pacific Gas and Electric Co., did indeed file a petition for a writ of certiorari in BPA v. FERC, 422 F.3d 908 (9th Cir. 2005). This petition was contemplated in the Government's previous motion to stay proceedings in this case and constitutes the justification for that motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:07-cv-00184-LAS

Document 19-2

Filed 08/08/2007

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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 8, 2007

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

Attorneys for Defendant

2

Case 1:07-cv-00184-LAS

Document 19-2

Filed 08/08/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 8th day of August, 2007, a copy of the foregoing "DEFENDANT'S THIRD STATUS REPORT REGARDING THE RELATED PETITION FOR A WRIT OF CERTIORARI," 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