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

Case 1:07-cv-00184-LAS

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Filed 07/23/2007

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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 MOTION FOR LEAVE TO FILE A STATUS REPORT REGARDING A PETITION FOR A WRIT OF CERTIORARI IN BPA v. FERC Defendant, the United States, respectfully requests that this Court grant defendant leave to file a status report in this matter. The status report concerns a petition for a writ of certiorari in BPA v. FERC, 422 F.3d 908 (9th Cir. 2005), which is directly related to our motion to stay this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:07-cv-00184-LAS

Document 16

Filed 07/23/2007

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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 July 23, 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

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Case 1:07-cv-00184-LAS

Document 16

Filed 07/23/2007

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CERTIFICATE OF FILING I hereby certify that on this 23rd day of July, 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE A STATUS REPORT REGARDING A PETITION FOR A WRIT OF CERTIORARI IN BPA v. FERC" 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