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

Case 1:06-cv-00305-MBH

Document 62

Filed 10/15/2007

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No. 06-305 T (Judge Marian Blank Horn)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES Plaintiff, v. THE UNITED STATES, Defendant. DEFENDANT'S MOTION FOR LEAVE TO AMEND EXHIBIT LIST TO INCLUDE EXHIBIT 20203

The United States, by and through undersigned counsel, hereby submits this Motion for Leave to Amend its exhibit list to add a single, recently discovered relevant document. Exhibit 20203 (attached) purports to reflect Plaintiff's calculations (or calculations made at Plaintiff's behest) of monthly cash flow for the transaction (both before and after taxes). Plaintiff will not be prejudiced by admission of this document from its own files. The document was part of more than twenty thousand pages Plaintiff turned over to defendant, over the period of July 17-20, 2007, in its tenth through seventeenth supplements to its responses to the United States' requests for the production of documents. In that production, Plaintiff identified the documents it believed would be relevant to upcoming depositions; this document was not identified. The United States nevertheless discovered this document, and its relevance, during its preparation for trial. Defendant promptly notified Plaintiff it would seek its

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Case 1:06-cv-00305-MBH

Document 62

Filed 10/15/2007

Page 2 of 2

admission into evidence.1 The United States respectfully requests that it be permitted to use exhibit 20203 in trial. Respectfully submitted, s/ David N. Geier DAVID N. GEIER Attorney of Record U.S. Department of Justice, Tax Division Post Office Box 26 Washington, D.C. 20044 Telephone: (202) 616-3448 Facsimile: (202) 307-0054 RICHARD T. MORRISON Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section s/ Steven I. Frahm Of Counsel October 15, 2007

The United States contacted Plaintiff this morning regarding this motion and Plaintiff has not responded.
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