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

Case 1:98-cv-00488-SGB

Document 345

Filed 11/10/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) SACRAMENTO MUNICIPAL UTILITY DISTRICT ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 98-488 C (Judge Braden)

SACRAMENTO MUNICIPAL UTILITY DISTRICT'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL EXHIBIT LIST Plaintiff Sacramento Municipal Utility District ("SMUD") respectfully requests leave to file the attached Third Supplemental Exhibit List, which includes exhibits that SMUD included in witness notebooks at trial that were not previously listed on SMUD's prior exhibit lists (PX 375A; PX 604B; PX 812A; PX 992-1013) and additional exhibits that SMUD relied on in its Response to Memorandum Opinion And Order To Show Cause Dated April 21, 2005 (PX 101429). Dated this 10th day of November, 2005. Respectfully submitted,

Of Counsel: David S. Neslin Timothy R. Macdonald ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4500 Denver, CO 80202 (303) 863-1000

s/ Howard Cayne by s/ Timothy R. Macdonald Howard Cayne ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 (202) 942-5899 Counsel of Record for Plaintiff Sacramento Municipal Utility District

Case 1:98-cv-00488-SGB

Document 345

Filed 11/10/2005

Page 2 of 2

CERTIFICATE OF FILING I certify that I caused a copy of the foregoing Sacramento Municipal Utility District's Motion for Leave to File Third Supplemental Exhibit List to be filed electronically through the Court of Federal Claims Case Management/ Electronic Case Filing System on November 10th, 2005. I understand that all parties may access the filing through the Court's CM/ECF System, including: Alan Lo Re Russell A. Shultis Commercial Litigation Branch, Civil Division Attention: Classification Unit, 8th Floor U.S. Department of Justice 1100 L Street, N.W. Washington, D.C. 20530

s/ Timothy R. Macdonald