Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00484-JPW

Document 298

Filed 03/27/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) NORTHERN STATES POWER COMPANY, ) ) Plaintiff, ) ) v. ) No. 98-484C ) (Senior Judge Wiese) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) DEFENDANT'S NOTICE OF FILING OF ITS COUNTER-DESIGNATIONS OF DEPOSITION TESTIMONY Pursuant to Rule 106 of the Federal Rules of Evidence ("FRE") and Rule 32(a)(4) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully files the attached excerpts of deposition testimony as counter-designations to the testimony designated by plaintiff, Northern States Power Company ("NSP"), in its post-trial brief. In its post-trial brief, NSP has cited to excerpts of deposition testimony of three individuals ­ Messrs. Barrett and Brownstein and Ms. Slater-Thompson. For the reasons stated in the Government's motion to strike NSP's "notice" of deposition designations, filed October 6, 2006, we request that the Court rule upon the admissibility of the testimony, pursuant to FRE 801(d)(2)(D), and the Government's objections to that testimony, pursuant to RCFC 32(b), prior to the consideration of the substance of that testimony. To the extent that the Court admits this testimony as substantive evidence, defendant requests that the Court also admit and consider the attached deposition testimony of those same three individuals, pursuant to FRE 106 and RCFC 32(a)(4). We have also attached a table, which identifies the Government's objections to the testimony NSP has designated and the Government's counter-designations.

Case 1:98-cv-00484-JPW

Document 298

Filed 03/27/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 ALAN J. LO RE Senior Trial Counsel STEPHEN FINN JOSHUA E. GARDNER MARIAN SULLIVAN Trial Attorneys Commercial Litigation Branch Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 March 27, 2007

s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-3315 Fax: (202) 307-2503 Attorneys for Defendant

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Case 1:98-cv-00484-JPW

Document 298

Filed 03/27/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 27th day of March, 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF FILING OF ITS COUNTER-DESIGNATIONS OF DEPOSITION TESTIMONY," 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/Andrew P. Averbach