Free Response - District Court of Federal Claims - federal

Case 1:03-cv-02663-TCW

Document 14

Filed 02/06/2004

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) ) )

ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al. Plaintiff, v. THE UNITED STATES, Defendant.

No. 03-2663C (Judge Hodges)

PLAINTIFFS' RESPONSE TO THE COURT'S JANUARY 15, 2004 ORDER Plaintiffs Entergy Nuclear Vermont Yankee, LLC ("ENVY") and Entergy Nuclear Operations, Inc. ("ENO"), hereby submit, through their undersigned counsel, their response to the Court's January 15, 2004 Order requiring Plaintiffs to state their position regarding the entering of a pretrial schedule. ENVY and ENO respectfully request that the Court defer pretrial matters in this case until the briefing on Defendant's (the "Government") partially dispositive motions in Vermont Yankee Nuclear Power Corp. v. United States, No. 02-898C ("Vermont Yankee"), which was temporarily suspended as a result of Chief Judge Damich's April 16, 2003 Order staying all non-"lead" cases in the spent nuclear fuel litigation, has been completed. ENVY and ENO are prepared ­ in principle ­ to adopt in this case the same filings associated with the Government's partially dispositive motions in Vermont Yankee. However, since the briefing in Vermont Yankee has not yet been completed, ENVY and ENO would like to defer pre-trial matters in this case pending completion of briefing in Vermont Yankee.

Case 1:03-cv-02663-TCW

Document 14

Filed 02/06/2004

Page 2 of 2

CONCLUSION Given the similarities between this case and Vermont Yankee, and the fact that briefing of the partially dispositive motions in Vermont Yankee has nearly been completed, ENVY and ENO respectfully request that the Court defer pre-trial matters in this case until briefing on all dispositive motions in Vermont Yankee has been completed.

Dated: February 6, 2004

Respectfully submitted, s/Alex D. Tomaszczuk by s/Daniel S. Herzfeld Alex D. Tomaszczuk SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 703.770.7940 ­ telephone 703.770.7901 ­ facsimile Counsel of Record for Plaintiffs Entergy Nuclear Vermont Yankee, LLC, Entergy Nuclear Operations, Inc.

OF COUNSEL: Jay E. Silberg Devon E. Hewitt Douglas J. Rosinski Daniel S. Herzfeld Jack Y. Chu SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8000 (202) 663-8007 (fax)

2