Free Order - District Court of Federal Claims - federal

Case 1:98-cv-00483-LMB

Document 238

Filed 03/21/2005

Page 1 of 1

In the United States Court of Federal Claims
Case No. 98-483C (Filed: March 21, 2005)

***************************************************** FLORIDA POWER AND LIGHT COMPANY, * Plaintiff, * * v. * * THE UNITED STATES OF AMERICA, * Defendant. * * *****************************************************
ORDER On March 16, 2005, this Court held a status conference in this case. Currently, three avenues are available to the Court: Granting the Plaintiff's motion for reconsideration; denying the Plaintiff's motion and transferring the case to the D.C. Circuit; or allowing the case to proceed on interlocutory appeal. W e have requested further briefing in this matter. In supplemental briefs, the Parties are to address the following: 1) Legal and policy based reasons the Court should consider in determining which course to follow; 2) The effect of the assignment of a new judge upon the standards for a motion to reconsider under the U.S. Court of Federal Claims Rule 59. For example, to what extent may a new judge revisit issues; to what extent must a new judge disagree with the prior decision in order to grant a motion to reconsider; and can a new judge decide the issue de novo? The Parties are to submit simultaneous briefs no later than April 6, 2005. Currently, there is pending a Transfer Order in this matter. That Order is hereby STAYED. IT IS SO ORDERED. /s/ Lawrence M. Baskir LAW RENCE M. BASKIR Judge