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Case 1:06-cv-00305-MBH Document 30 Filed 05/07/2007 Page 1 of 2

In the United States Court of Federal Claims

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CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC. &
SUBSIDIARIES,
Plaintiff,
v.
UNITED STATES,
Defendant.
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O R D E R

No. 06-305T
Filed: May 7, 2007

On May 4, 2007, the court held a status conference in the above-captioned case,
with the parties appearing by telephone. As discussed at the conference, the court
GRANTS defendant’s motion for issuance of letters of request. Defendant shall contact
the clerk’s office at (202) 357-6406, and arrange to pick up the signed letters of request.

With respect to defendant’s motion for a protective order, on or before Wednesday,
May 9, 2007, defendant shall not file, but shall provide directly to chambers, an unredacted
copy of the IRS’s Appeals Settlement Guidelines for LILO transactions, for in camera
review. The copy of the Guidelines provided to chambers shall distinguish between the
portion as to which protection is not sought, and the portion defendant seeks to protect.

With respect to defendant’s first motion to compel, on or before Friday, May 11,
2007, plaintiff shall not file, but shall provide directly to chambers, copies of the three
documents as to which the work product privilege is claimed, for in camera review. Also
on or before Friday, May 11, 2007, plaintiff shall file electronically declarations in support
of the privilege claim, and shall file electronically copies of any previously disclosed
documents containing information similar to that contained in the three documents on which
the work product privilege is claimed.

With respect to defendant’s second motion to compel, on or before Wednesday,
May 16, 2007, the parties shall file a joint status report containing a list which identifies,
with specificity, what has been produced to defendant, what has not been produced, and
whether there is a claim of privilege on the nondisclosed documents.

Also as discussed at the May 4, 2007 status conference, the parties shall file a joint
stipulation of facts on or before Wednesday, August 15, 2007. The joint stipulation of

Case 1:06-cv-00305-MBH Document 30 Filed 05/07/2007 Page 2 of 2

facts shall be thorough and comprehensive, contained in a single document, and
accompanied by a supporting appendix. The specific stipulations of agreed upon facts
shall each contain appropriate citations to documents in the appendix. If necessary, the
parties shall identify any statement of material fact, also with appropriate citations to
documents in the appendix, which is not agreed upon by both parties, but which one party
believes to be at issue in the case. The joint stipulation of facts will assist the parties, and
the court, to determine if there are material facts in dispute which would preclude motion
practice and alternatively can be used for trial preparation.


Furthermore, within five days of counsel for either party becoming aware of the filing
of LILO complaints in any court, or decisions on such LILO cases, the parties shall provide
notice to the court in an electronic filing, containing the caption, case number, court and
date of the complaint. Within five days of the issuance of a LILO decision by any court, the
parties shall file a copy of the opinion electronically.

IT IS SO ORDERED.

s/ Marian Blank Horn
MARIAN BLANK HORN
Judge

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