Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00488-SGB

Document 316

Filed 05/20/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) SACRAMENTO MUNICIPAL UTILITY DISTRICT, ) ) Plaintiff, ) ) v. ) No. 98-488C ) (Judge Braden) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S NOTICE OF FILING OBJECTIONS TO PLAINTIFF'S DEPOSITION AND TRIAL TESTIMONY DESIGNATIONS AND DEFENDANT'S COUNTER-DESIGNATIONS AND MOTION FOR LEAVE TO FILE APPENDIX Pursuant to the Court's order dated March 16, 2005, defendant, the United States, respectfully submits its objections to the deposition and trial testimony designations that plaintiff, Sacramento Municipal Utility District, filed on February 25, 2005; February 28, 2005; and March 7, 2005, and submits the Government's deposition and trial testimony counterdesignations. The Government's objections and counter-designations are contained in Attachment A appended hereto. In addition, because of the voluminous nature of the Government's counter-designations, totaling approximately 500 pages, we respectfully request that the Court allow us to provide the original deposition and trial transcripts excerpts containing the Government's counterdesignations to the Clerk of the Court (in hard copy form) for inclusion in the record. Upon the Court's granting of this motion, the Government will deliver the hard copy originals of the transcripts to the Clerk. For the foregoing reasons, defendant respectfully requests that the Court grant this motion.

Case 1:98-cv-00488-SGB

Document 316

Filed 05/20/2005

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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

OF COUNSEL:

JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/ Russell A. Shultis RUSSELL A. SHULTIS 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) 305-7562 Fax:: (202) 307-2503

May 20, 2005

Attorneys for Defendant

2

Case 1:98-cv-00488-SGB

Document 316

Filed 05/20/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 20th day of May 2005, a copy of foregoing "DEFENDANT'S NOTICE OF FILING OBJECTIONS TO PLAINTIFF'S DEPOSITION AND TRIAL TESTIMONY DESIGNATIONS AND DEFENDANT'S COUNTER-DESIGNATIONS AND MOTION FOR LEAVE TO FILE APPENDIX" 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/ Todd J. Cochran