Free Order - District Court of Federal Claims - federal

Case 1:06-cv-00305-MBH

Document 92

Filed 12/05/2007

Page 1 of 1

In the United States Court of Federal Claims
* * * * * * * * * * * * * * * * * * CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, Plaintiff, v. UNITED STATES, Defendant. * * * * * * * * * * * * * * * * * * ORDER After several weeks of trial, the court adjourned trial of the above-captioned case. Both parties are to be commended for their preparation and presentations at trial. Before adjournment, defendant filed a November 14, 2007, statement of spoliation claim; plaintiff filed a November 15, 2007, RCFC 52(c) motion seeking a judgment on partial findings, to dismiss the government's spoliation of evidence claim; and defendant filed a November 15, 2007, amended statement of spoliation claim. To assist the court in reviewing and deciding this issue, the court establishes the following briefing SCHEDULE on the spoliation issue. On or before Thursday, December 13, 2007, defendant shall file its opening brief. On or before Thursday, January 3, 2008, plaintiff shall file its response brief. On or before Friday, January 11, 2008, defendant shall file its reply brief. The court schedules a status conference to discuss whether oral argument is needed on the spoliation issue, for Friday, January 18, 2008, 12:30 p.m. Counsel may appear by telephone. Unless otherwise notified, defendant's counsel will be contacted at (202) 616-3448, and plaintiff's counsel will be contacted at (313) 701-8541. If the attorneys of record wish other individuals to attend the conference by telephone, their names and telephone numbers shall be provided to chambers staff, at (202) 357-6580, on or before Friday, January 11, 2008. The court also establishes a SCHEDULE for briefing prior to closing argument. On or before Monday, March 31, 2008, the parties shall file simultaneous opening briefs. On or before Monday, May 19, 2008, the parties shall file simultaneous reply briefs. Closing arguments are scheduled for Thursday, June 19, 2008, 9:30 a.m. DST. IT IS SO ORDERED. s/ Marian Blank Horn MARIAN BLANK HORN Judge * * * * * * * * * * *

No. 06-305T Filed: December 5, 2007