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Case 1:06-cv-00305-MBH Document 27 Filed 04/27/2007 Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CONSOLIDATED EDISON COMPANY

OF NEW YORK, INC. &
SUBSIDIARIES,

Plaintiff,

v.

THE UNITED STATES,

Defendant.

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No. 06-305 T

Judge Marian Blank Horn

PLAINTIFF’S RESPONSE TO

DEFENDANT’S MOTION FOR ISSUANCE

OF LETTERS OF REQUEST

Plaintiff, Consolidated Edison Company of New York, Inc. (“Con Edison NY”), hereby

objects to Defendant’s Motion for Issuance of Letters of Request.

The three Letters of Request seek extensive amounts of information from the multiple

foreign parties named in the Letters of Request. These burdensome Requests, if granted, are

likely to result in a long delay in the trial of this case.

In the Joint Status Report filed with the Court on January 8, 2007, the United States

expressed its intent to “file a motion in the coming week” [sic] “requesting that the Court issue

Letters of Request to the Netherlands, Germany, and England.” The United States did not file

this Motion until April 6, 2007, nearly three months after it indicated its intent to file such a

Motion.

The trial in this case is currently scheduled to begin October 17, 2007. Fact discovery is

scheduled to close on June 22, 2007. This schedule is incompatible with the requested Motion

for Issuance of Letters of Request.

Case 1:06-cv-00305-MBH Document 27 Filed 04/27/2007 Page 2 of 3

Plaintiff therefore respectfully requests that Defendant’s Motion for Issuance of Letters

of Request be denied.

Executed on: April 27, 2007

/s/ Thomas C. Durham
Thomas C. Durham
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, Illinois 60606
Tel:
(312) 701-7216
Fax: (312) 706-9187
tdurham@mayerbrownrowe.com

Attorney for Plaintiff

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Case 1:06-cv-00305-MBH Document 27 Filed 04/27/2007 Page 3 of 3

CERTIFICATE OF SERVICE

I, Thomas C. Durham, hereby certify that on this 27th day of April, 2007, I electronically

filed the foregoing Plaintiff’s Response to Defendant’s Motion for Issuance of Letters of Request

using the CM/ECF system, which will send notification of such filing to counsel of record in this

matter who are registered on the CM/ECF system, including counsel for the United States of

America identified below:

David N. Geier
U.S. Department of Justice
Tax Division, Room 7919
555 Fourth Street, N.W.
Washington, D.C. 20001

/s/ Thomas C. Durham
Thomas C. Durham
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, Illinois 60606
Tel:
(312) 701-7216
Fax: (312) 706-9187
tdurham@mayerbrownrowe.com

Attorney for Plaintiff

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