Free Order on Motion to Strike - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

Document 359

Filed 06/08/2007

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 99-447C No. 03-2626C (partially consolidated) (Filed: June 8, 2007) ____________________________________ ) BOSTON EDISON COMPANY, ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) ) ENTERGY NUCLEAR GENERATION ) CO., ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ) ORDER Pending before the court is the government's motion, filed May 25, 2007, seeking to strike the Joint Notice of Deposition and Trial Testimony Designations, filed by plaintiffs Boston Edison Company and Entergy Nuclear Generation Company. In the alternative, the government moves in limine to preclude reliance upon those designations as substantive evidence, pursuant to Rule 32(a) of the Rules of the Court of Federal Claims and Federal Rule of Evidence 801(d)(2). The government's motion to strike plaintiffs' joint notice and, in the alternative, to preclude reliance upon those designations as substantive evidence is DENIED. It is so ORDERED.

s/ Charles F. Lettow Judge