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

Case 1:04-cv-00541-CCM

Document 121

Filed 10/06/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) STOCKTON EAST WATER DISTRICT, et al.,

No. 04-541 L Judge Christine Odell Cook Miller

ERRATA TO PLAINTIFFS' MOTION IN LIMINE REGARDING AMENDMENT OF CONTRACTS, MOTION FOR LEAVE TO ADD TRIAL EXHIBIT Plaintiffs respectfully request that the Court permit the addition of the attached San Luis Water District contract for Central Valley Project Water as an addition to Plaintiffs' Trial Exhibit List, and permit reference to the contract at oral argument on the Plaintiffs' Motion in Limine Regarding Amendment of Contracts. Plaintiffs' counsel discovered in the last week that Section 3(c) of the San Luis contract contained language regarding when the parties can amend the contract by agreement, which is strikingly similar to that found in Section 3(h) of the contracts at issue in this case. The attached exhibit is evidence that United States and San Luis Water District have amended the contract, pursuant to Section 3(c), through two written amendments, each signed by the Regional Director of the Bureau of Reclamation and the President of the Board of Directors of the water district. Defendant is not prejudiced by this late request for addition of this exhibit, as it is a contract kept in the Defendant's possession and is being offered to show the Defendant's course of conduct.

Case 1:04-cv-00541-CCM

Document 121

Filed 10/06/2006

Page 2 of 2

Respectfully submitted,

/s Roger J. Marzulla Roger J. Marzulla Nancie G. Marzulla Marzulla & Marzulla 1350 Connecticut Avenue, N.W. Suite 410 Washington, D.C. 20036 (202) 822-6760 (202) 822-6774 (facsimile) Dated: October 6, 2006 Of counsel: Jeanne M. Zolezzi Jennifer L. Spaletta Herum Crabtree Brown 2291 West March Lane Suite B100 Stockton, CA 95207 (209) 472-7700 (209) 472-7986 (facsimile) Counsel for Plaintiffs

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