Free Response - District Court of Federal Claims - federal

Case 1:98-cv-00488-SGB

Document 362

Filed 07/21/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) SACRAMENTO MUNICIPAL UTILITY DISTRICT, ) ) Plaintiff, ) ) v. ) No. 98-488C ) (Judge Braden) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S FILING OF TABLES A, B AND C Pursuant to the Court's Order, dated June 28, 2006, defendant, the United States, hereby files the attached Summary Table and Tables A, B and C regarding the damages claim of plaintiff, Sacramento Municipal Utility District ("SMUD"), in the above-captioned matter. The enclosed tables reflect the differences between the parties regarding those tables.1 In addition, the Government continues to object to plaintiff's submission of post-trial testimony because such testimony constitutes a re-opening of the record after SMUD has failed to meet its burden of proof in its case in chief at trial.

Although the parties filed a joint submission of Tables A, D and E on July 7, 2006, on July 20, 2006, plaintiff provided us a revised Table A which increased SMUD's claim by approximately $2.6 million based upon a re-calculation of labor costs. The Government objects to this action on the grounds that is an improper motion for reconsideration prior to the Court's final order and violates the Court's March 31, 2006 finding that SMUD is only entitled to labor costs for those employees who spent a majority of their time on SMUD's dry storage project. See Sacramento Mun. Util. Dist. v. United States, 70 Fed. Cl. 332, 376 (2006). In addition, the Government requests that the Court permit the Government to file a substantive response to SMUD's proposed adjustment to Table A by July 28, 2006.

1

Case 1:98-cv-00488-SGB

Document 362

Filed 07/21/2006

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director OF COUNSEL: JANE K. TAYLOR Office of General Counsel Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 ALAN J. LO RE Senior Trial Counsel JOSHUA E. GARDNER SCOTT R. DAMELIN Trial Counsel s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Russell Shultis RUSSELL A. SHULTIS Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Fax: (202) 307-2503

July 21, 2006

Attorneys for Defendant

Case 1:98-cv-00488-SGB

Document 362

Filed 07/21/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 21st day of July, 2006, a copy of foregoing "DEFENDANT'S FILING OF TABLES A, B AND C" 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/ Joshua E. Gardner