Free Motion to Reassign Case - District Court of Federal Claims - federal

Case 1:03-cv-02663-TCW

Document 36

Filed 12/15/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) No. 03-2663C ) (Judge Hodges) ) ) )

DEFENDANT'S MOTION TO ASSIGN THE CASE TO A SINGLE JUDGE Pursuant to Rule 40.1(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests that this case be assigned to the same judge on the Court as the case of Vermont Yankee Nuclear Power Corporation v. United States, No. 02-898C, because these cases are directly-related to each other. This case and Vermont Yankee had been before the same judge until Vermont Yankee was reassigned by order dated December 6, 2005. Defendant is filing the same motion to assign the case to a single judge in Vermont Yankee. Although both cases are currently stayed, defendant moves now to reassign this case or Vermont Yankee so that the cases may proceed together or be consolidated when the stays are lifted.1 As the Court is aware, this case is one of many currently pending in this Court in which a plaintiff has claimed damages arising from the Department of Energy's delay in beginning acceptance of spent nuclear fuel and/or high-level radioactive waste under the "Standard Contract For Disposal Of Spent Nuclear Fuel And/Or High-Level Radioactive Waste" published at 10 C.F.R. § 961.11. When this case was originally filed, counsel for plaintiff, Entergy Nuclear

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Pursuant to the Court's July 5, 2005, order, the case is stayed until the end of 2005.

Case 1:03-cv-02663-TCW

Document 36

Filed 12/15/2005

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Vermont Yankee ("ENVY"), filed a notice of directly-related case in Vermont Yankee, advising the Court that these two cases arose from the same Standard Contract and that there would be "overlap in witnesses and documents relied upon" by ENVY and Vermont Yankee.2 Based upon these factors, ENVY and Vermont Yankee suggested that the assignment of their cases to a single judge on the Court "would conserve judicial resources and promote an efficient determination of the actions." Moreover, as the parties and the Court have recognized, these cases may require consolidation. Defendant requests that the cases be assigned to a single judge so that any consolidation motion, should one be filed, may be heard by a single judge. Based upon the foregoing, defendant respectfully requests that the Court assign this case and Vermont Yankee to a single judge. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

DAVID M. COHEN Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

As noted in the notice of directly-related case, the same counsel represents ENVY and Vermont Yankee. -2-

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Case 1:03-cv-02663-TCW

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Filed 12/15/2005

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s/ Marian E. Sullivan MARIAN E. SULLIVAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0365 Fax: (202) 307-2503 December 15, 2005 Attorneys for Defendant

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Case 1:03-cv-02663-TCW

Document 36

Filed 12/15/2005

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Certificate of Filing I hereby certify that on the 15th day of December 2005, a copy of the foregoing "DEFENDANT'S MOTION TO ASSIGN THE CASE TO A SINGLE JUDGE" 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/ Marian E. Sullivan