Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:02-cv-01894-EJD

Document 107

Filed 01/17/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) CONSUMERS ENERGY COMPANY, ) ) Plaintiff, ) ) v. ) No. 02-1894C ) (Chief Judge Damich) UNITED STATES OF AMERICA, ) ) Defendant. ) ) JOINT MOTION FOR AN ORDER REGARDING DISCOVERY OF DRAFT EXPERT REPORTS Plaintiff, Consumers Energy Company, and defendant, the United States, respectfully request that the Court enter an order, based upon the joint stipulation of the parties, that no party shall be required to produce any draft (including copies) of any expert report prepared in connection with this case. The parties agree that, for the benefit of both parties, they would like the Court to enter an order that eliminates the need for either party to produce drafts of their respective experts' final written reports. A proposed order, containing language upon which both parties agree, is attached to this motion.

Case 1:02-cv-01894-EJD

Document 107

Filed 01/17/2008

Page 2 of 4

Respectfully submitted, s/ Thomas O. Mason THOMAS O. MASON Williams, Mullen, Clark & Dobbins 8270 Greensboro Drive McLean, VA 22102 Tele: (703) 639-6056 Fax: (703) 637-6370 Counsel for Plaintiff Consumers Energy Company Jeffrey S. Theuer Loomis, Ewert, Parsley, Davis & Gotting 124 West Allegan Street, Suite 700 Lansing, MI 48933 Of Counsel for Plaintiff Consumers Energy Company JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Scott R. Damelin____ SCOTT R. DAMELIN Trial Attorney U.S. Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: 202-305-2312 Fax: 202-307-2503 Of Counsel: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

January 17, 2008

Case 1:02-cv-01894-EJD

Document 107

Filed 01/17/2008

Page 3 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) CONSUMERS ENERGY COMPANY, ) ) Plaintiff, ) ) v. ) No. 02-1894C ) (Chief Judge Damich) UNITED STATES OF AMERICA, ) ) Defendant. ) ) ORDER No party shall be required to produce any draft (including copies) of any expert report prepared in connection with this case.

_______________________________ Edward J. Damich Chief Judge

Case 1:02-cv-01894-EJD

Document 107

Filed 01/17/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 17th day of January, 2008, a copy of foregoing "JOINT MOTION FOR AN ORDER REGARDING DISCOVERY OF DRAFT EXPERT REPORTS" 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. Parties may access this filing through the Court's system.

s/Scott R. Damelin