Free Motion to Substitute Attorney (Consented) - District Court of Federal Claims - federal

Case 1:98-cv-00488-SGB

Document 232

Filed 06/03/2004

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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 CHANGE COUNSEL OF RECORD

Pursuant to Court of Federal Claims Rule 83.1(c)(4), plaintiff, Sacramento Municipal Utility District ("SMUD"), respectfully moves for leave to change its counsel of record in this case. To facilitate SMUD's filing and receipt of pleadings from the Court's case management/electronic case filing system, Melvin Garbow of Arnold & Porter LLP is withdrawing as counsel of record. Howard Cayne of Arnold & Porter LLP, who has appeared "of counsel" on SMUD's motions and briefs for the past five years, will be substituted as counsel of record. Messrs. Garbow, Neslin, and Macdonald will continue to participate in the preparation and trial of the case. Mr. Garbow consents to this change as indicated by his signature below. An affidavit by Mr. Cayne is attached. WHEREFORE, SMUD respectfully requests that the Court grant it leave to change its counsel of record from Melvin Garbow to Howard Cayne, both of Arnold & Porter LLP.

Case 1:98-cv-00488-SGB

Document 232

Filed 06/03/2004

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Dated this 3rd day of June, 2004. Respectfully submitted,

s/Howard Cayne 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 Of Counsel: Melvin Garbow David Neslin Timothy Macdonald ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4500 Denver, CO 80202 (303) 863-1000

I hereby consent to my replacement by Howard Cayne as counsel of record for plaintiff Sacramento Municipal Utility District in this case. s/Melvin Garbow ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 (202) 942-5899 Former Counsel of Record for Plaintiff Sacramento Municipal Utility District

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Case 1:98-cv-00488-SGB

Document 232

Filed 06/03/2004

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CERTIFICATE OF SERVICE

I certify that I caused a copy of the foregoing Sacramento Municipal Utility District's Motion for Leave to Change Counsel of Record, to be served electronically through the Court of Federal Claims Case Management/Electronic Case Filing System on June 3, 2004, upon the following: Harold D. Lester, Jr. 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/Howard N. Cayne

Case 1:98-cv-00488-SGB

Document 232

Filed 06/03/2004

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AFFIDAVIT OF HOWARD CAYNE

I, Howard Cayne, do swear that I have personal knowledge of the following matters and that the information set forth is true and correct: 1. I am a member in good standing of the Bar of the United States Court of Federal Claims. 2. 3. I am a partner in the law firm of Arnold & Porter LLP. Plaintiff Sacramento Municipal Utility District ("SMUD") desires that I replace Melvin Garbow, of Arnold & Porter LLP, as counsel of record in this case. Mr. Garbow has no objection to my replacing him as counsel of record for SMUD. 4. The correct address for all correspondence and service of papers appears below under my name. 5. I submit this Affidavit in support of SMUD's Motion for Leave to Change Counsel of Record. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 3rd day of June, 2004.

s/Howard Cayne Howard Cayne ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 (202) 942-5899