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Case 1:06-cv-00305-MBH Document 41 Filed 08/22/2007 Page 1 of 2

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

UNITED STATES’ UNOPPOSED MOTION FOR ENTRY OF ORDER

APPROVING NON-PARTY PROPOSED PROTECTIVE ORDER

The United States submits this unopposed motion requesting the entry of an order

adopting and approving a proposed Non-Party Agreed Protective Order, a copy of which is

annexed hereto as Exhibit A. The entry of a protective order is requested by third party Chase

Equipment Leasing, Inc. (f.k.a. Banc One Leasing Corp.) pursuant to subpoena duces tecum

prepared by the United States. Plaintiff Consolidated Edison of New York, Inc., Defendant

United States and third party Chase Equipment Leasing, Inc. have agreed to terms, subject to the

Court’s approval.



Case 1:06-cv-00305-MBH Document 41 Filed 08/22/2007 Page 2 of 2

WHEREFORE the United States requests that this Court issue an Order adopting and

approving the Non-party Agreed Protective Order annexed as Exhibit A.

Dated: August 22, 2007

Respectfully submitted,

s/ David N. Geier
DAVID N. GEIER

Attorney of Record
U.S. Department of Justice, Tax Division
Post Office Box 26
Ben Franklin Station
Washington, D.C. 20044
Telephone: (202) 616-3448
Facsimile: (202) 307-0054

Chief, Court of Federal Claims Section

Assistant Chief, Court of Federal Claims Section

RICHARD T. MORRISON

Assistant Attorney General

DAVID GUSTAFSON

STEVEN I. FRAHM

JOSEPH A. SERGI
JAMES E. WEAVER
ADAM R. SMART

Trial Attorneys

s/ Steven I. Frahm
Of Counsel

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