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

Case 1:98-cv-00614-JFM

Document 257

Filed 11/30/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN NUCLEAR OPERATING, COMPANY; ALABAMA POWER COMPANY; and GEORGIA POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) No. 98-614C ) (Senior Judge Merow) ) ) ) )

DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT REGARDING PRE-BREACH AND FUTURE DAMAGES Defendant, the United States, respectfully requests leave of the Court to file a corrected version of "Defendant's Reply to Plaintiff's Response To Defendant's Cross-Motion For Summary Judgment Regarding Pre-Breach and Future Damages," filed originally on Wednesday, November 24, 2004. Counsel for defendant has determined that the original brief contained an error in footnote two on page 8, regarding the amount of damages that plaintiffs allegedly have incurred prior to and after January 1998. That error has been corrected and there are no other changes to the reply brief. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

Case 1:98-cv-00614-JFM

Document 257

Filed 11/30/2004

Page 2 of 3

OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 JOHN C. EKMAN HEIDE L. HERRMANN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/ Marian E. Sullivan MARIAN E. SULLIVAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0365 Fax: (202) 307-2503 Attorneys for Defendant

November 30, 2004

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Case 1:98-cv-00614-JFM

Document 257

Filed 11/30/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 30th day of November 2004, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT REGARDING PRE-BREACH AND FUTURE DAMAGES" 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/Marian E. Sullivan