Free Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00305-MBH

Document 63

Filed 10/16/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) ) )

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES, Plaintiff, v. THE UNITED STATES, Defendant.

No. 06-305 T Judge Marian Blank Horn

OBJECTION TO DEFENDANT'S MOTION FOR LEAVE TO AMEND EXHIBIT LIST TO INCLUDE EXHIBIT 20203, AND REQUEST THAT COURT PLACE PROPOSED EXHIBIT UNDER SEAL The Plaintiff, Consolidated Edison Company of New York and Subsidiaries, objects to Defendant's Motion for Leave to Amend the Exhibit List. The proposed new Exhibit was created in response to a request from IRS Appeals, the administrative settlement function within the IRS. The proposed new Exhibit was not a company document produced in the ordinary course of its business; rather, it was a document created exclusively for purposes of furthering settlement negotiations and is thus inadmissible under Fed. R. Evid. 408. Plaintiff objects to its use at trial. Plaintiff also believes that the document constitutes confidential taxpayer information, and requests that the Court place it under seal.

CHDB04 13398321.1 16-Oct-07 09:32

Case 1:06-cv-00305-MBH

Document 63

Filed 10/16/2007

Page 2 of 2

Dated: October 16, 2007

/s/ David F. Abbott David F. Abbott Attorney of Record MAYER BROWN LLP 1675 Broadway New York, NY 10019-5820 Tel: (212) 506-2642 Fax: (212) 849-5642 [email protected] Attorney for Plaintiff

CHDB04 13398321.1 16-Oct-07 09:32