Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:98-cv-00484-JPW

Document 297

Filed 03/27/2007

Page 1 of 3

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 MOTION TO ADMIT INTO EVIDENCE DEFENDANT'S EXHIBIT 191 Defendant, the United States, respectfully moves to admit into evidence the document pre-marked in these proceedings as Defendant's Exhibit 191. Counsel for plaintiff has represented that plaintiff does not oppose this motion as long as the document is referred to in post-trial proceedings in the same manner in which it was used at trial . During trial, the Court heard substantial testimony concerning this exhibit during the testimony of Scott Northard on October 31, 2006 (Trial Tr. 1524-1535). However, as we realized in writing our post-trial brief, we inadvertently neglected to move for the admission of the document into evidence during Mr. Northard's testimony. For the foregoing reasons, and so that the record is complete, we request that the Court admit Defendant's Exhibit 191 into evidence.

Case 1:98-cv-00484-JPW

Document 297

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 P. 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 297

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 MOTION TO ADMIT INTO EVIDENCE DEFENDANT'S EXHIBIT 191" 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