Free Stipulation - District Court of Federal Claims - federal

Case 1:06-cv-00305-MBH

Document 37

Filed 06/07/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ CONSOLIDATED EDISON COMPANY ) OF NEW YORK, INC. & SUBSIDIARIES, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________)

Case. No. 06-305T Hon. Marian Blank Horn

PARTIES' JOINT STIPULATED PROPOSED SCHEDULING ORDER The parties respectfully submit this Joint Stipulated Proposed Scheduling Order as discussed in the Court's hearing on June 6, 2007. The parties have agreed to the following schedule, which does not impact the trial date, currently set for October 17, 2007: 1. 2007. 2. The parties will simultaneously exchange expert reports on Wednesday, August 15, All fact discovery (including all fact depositions) shall end on Friday, August 31,

2007. All expert rebuttal reports will be exchanged by August 31, 2007. All expert discovery shall end by Friday, September 14, 2007. 3. The parties will exchange draft stipulations of fact on or before Monday, July 2,

2007. The parties will not serve any formal request for admission prior to that time. Thereafter, if either party believes that requests for admission should be served pursuant to Rule 36, the parties will discuss the matter with the Court and will not serve such requests unless leave of the Court is granted. The parties will have completed the joint stipulation of fact on or before August 31, 2007.

Case 1:06-cv-00305-MBH

Document 37

Filed 06/07/2007

Page 2 of 3

4.

If, as follow up to any discovery produced from existing requests or from depositions,

either party identifies a specific document or specifically identified category of documents that the party believes should be produced, an informal written request for the document or documents will be made by letter to opposing counsel. The receiving party will have two days to review the request and either agree to produce the document within a reasonable time period or object to the production. If the party objects to the production, both parties will submit the matter to the Court for its consideration and will follow the instructions of the Court with respect to the document or documents sought. The production of any documents pursuant to this procedure must be completed on or before August 31, 2007. 5. The Appendix A filing dates set forth in the Court's September 26, 2006 Order shall

be amended as follows: a. b. c. d. e. Witness Lists: September 24, 2007 Joint Statement of Issues of Fact and Law: September 24, 2007 Stipulations: September 24, 2007 Joint Trial Exhibit List: September 24, 2007 Designation of Deposition Testimony: September 24, 2007

2

Case 1:06-cv-00305-MBH

Document 37

Filed 06/07/2007

Page 3 of 3

6.

As per its previous Order of January 10, 2007, the Court will hold a telephonic status

conference on September 11, 2007 at 10:30 a.m. to discuss the status of the case and completion of discovery. Respectfully submitted this 7th day of June, 2007. /s/ DAVID F. ABBOTT Attorney of Record MAYER, BROWN, ROWE & MAW LLP 1675 Broadway New York, New York 10019-5820 Tel: (212) 506-2642 Email: [email protected] THOMAS KITTLE-KAMP MAYER, BROWN, ROWE & MAW LLP 71 South Wacker Drive Chicago, Illinois 60606 Tel: (312) 701-7028 Email: [email protected] Counsel for Plaintiff /s/ DAVID N. GEIER Attorney of Record U.S. Department of Justice, Tax Division Post Office Box 26 Ben Franklin Station Washington, DC 20044 Telephone: (202) 616-3448 Facsimile: (202) 307-0054 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section /s/ STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section, Of Counsel JOSEPH A. SERGI Trial Attorney JAMES E. WEAVER Trial Attorney ADAM R. SMART Trial Attorney Counsel for United States of America

IT IS SO ORDERED
______________________________

MARIAN BLANK HORN Judge - Court of Federal Claims

3