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

Case 1:07-cv-00157-LAS

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Filed 05/21/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) PACIFIC GAS AND ELECTRIC COMPANY, ) SOUTHERN CALIFORNIA EDISON COMPANY, ) AND CALIFORNIA ELECTRICITY ) OVERSIGHT BOARD, ) ) Plaintiffs, ) ) v. ) No. 07-157C ) (Senior Judge Smith) ) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) ) SAN DIEGO GAS & ELECTRIC COMPANY, ) ) Plaintiff, ) No. 07-167C ) (Senior Judge Smith) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) ) DEFENDANT'S 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 39-page reply brief. We have conferred with plaintiffs' counsel, and plaintiffs' counsel has informed us that plaintiffs 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 55 pages, with six footnotes. Plaintiffs' brief

Case 1:07-cv-00157-LAS

Document 37

Filed 05/21/2008

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contains 60 pages and 52 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 voluminous 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 39-page reply brief. 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 May 21, 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-00157-LAS

Document 37

Filed 05/21/2008

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CERTIFICATE OF FILING I hereby certify that on this 21st day of May, 2008, a copy of the foregoing "DEFENDANT'S 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