Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:98-cv-00621-ECH

Document 332

Filed 05/25/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMONWEALTH EDISON COMPANY and EXELON GENERATION COMPANY, LLC, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

Nos. 98-621C and 04-103C (Consolidated) (Judge Hewitt)

MOTION TO AMEND THE COURT'S MAY 12, 2004 ORDER Plaintiffs Exelon Generation Company, LLC and Commonwealth Edison Company (collectively "Exelon" or the "Plaintiff") respectfully move the Court to amend its May 12, 2004 order by removing Francisco Cano ([email protected]) from the list of individuals ordered to destroy all paper and electronic copies of Defendant's Reply to Exelon's Response To Defendant's Motion For Supplemental Fact Discovery ("Defendant's Reply"). In support of this motion, Plaintiff states as follows: 1. Francisco Cano is employed as a paralegal by Jenner & Block LLP, attorneys for

the Plaintiff in this matter. 2. Mr. Cano receives electronic notices from the Court's CM/ECF system in

connection with his duties related to Jenner & Block's representation of the Plaintiff in this matter. 3. Given that Mr. Cano received a copy of Defendant's Reply in connection with

Jenner & Block's representation of the Plaintiff in this matter, and has access in the normal course of performing his duties to the information contained in Defendant's Reply, Plaintiff respectfully requests that the Court enter an order clarifying that Mr. Cano is not required to destroy all paper and electronic copies of Defendant's Reply.

Case 1:98-cv-00621-ECH

Document 332

Filed 05/25/2004

Page 2 of 3

WHEREFORE, Plaintiff respectfully moves this Court to amend its May 12, 2004 Order by removing Francisco Cano ([email protected]) from the list of individuals ordered to destroy all paper and electronic copies of Defendant's Reply. Dated: May 25, 2004 Respectfully submitted, By: /s David A. Handzo (by /s Christopher Tompkins) DAVID A. HANDZO Jenner & Block LLP 601 Thirteenth Street, N.W. Suite 1200 South Washington, D.C. 20005 (202) 639-6000 telephone (202) 639-6066 fax COUNSEL FOR PLAINTIFFS EXELON GENERATION COMPANY LLC and COMMONWEALTH EDISON COMPANY, on their own behalf and on behalf of MidAmerican Energy Company, successor-in-interest to IowaIllinois Gas and Electric Company Thomas S. O'Neill Exelon Nuclear Cornerstone II 5th Floor 4300 Winfield Road Warrenville, IL 60555 (630) 657-3770

Of Counsel: Donald R. Cassling Norman M. Hirsch David Jiménez-Ekman Christopher Tompkins Jenner & Block LLP One IBM Plaza Chicago, IL 60611 (312) 222-9350

Case 1:98-cv-00621-ECH

Document 332

Filed 05/25/2004

Page 3 of 3

Certificate of Filing I hereby certify that on this 25th day of May 2004, a copy of the foregoing "Motion To Amend the Court's May 12, 2004 Order" 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 Christopher Tompkins Christopher Tompkins

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