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Case 1:06-cv-00305-MBH Document 43 Filed 08/31/2007 Page 1 of 3

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: August 31, 2007

As a result of the August 31, 2007 discussion among the parties and chambers staff,
the court’s scheduling order of August 6, 2007, is modified as follows. Fact discovery
closes Friday, August 31, 2007, unless there is a need to re-depose witnesses, in which
case fact discovery shall close on or before Friday, September 7, 2007. Expert discovery
shall close on or before Friday, September 21, 2007.

As previously scheduled, the trial in the case will commence on Wednesday,
October 17, 2007, at 9:00 a.m., and continue until all evidence is taken, in electronic
courtroom 6, located on the fifth floor of the Howard T. Markey National Courts Building,
717 Madison Place, NW, Washington, DC. The Appendix A filings detailed in the Rules of
the United States Court of Federal Claims (RCFC), are modified, as described below. The
filings with the court are to include:

a. Witness List. On or before Friday, September 21, 2007, the parties shall file a
joint statement setting forth a list of witnesses to be called at trial, other than those to be
used exclusively for impeachment. As to each witness, the parties shall indicate the party
for which the witness will be testifying, the specific topics to be addressed in the expected
testimony and the time needed for direct examination. The parties previously have agreed
that overlapping witnesses who are to be called for both the plaintiff and the defendant will
be examined at one sitting.

b. Issues of Fact and Law. On or before Friday, September 21, 2007, the parties
shall file a joint statement of the issues of fact to be decided by this court. The statement
of issues shall control the admissibility of evidence at trial and evidence will be deemed to
be irrelevant unless it pertains to one or more of the issues. As previously discussed with
the parties, a joint statement of issues of law shall be filed on or before Friday, September
14, 2007.

Case 1:06-cv-00305-MBH Document 43 Filed 08/31/2007 Page 2 of 3



c. Stipulations. On or before Friday, September 21, 2007 (instead of the
September 14, 2007 date discussed with the parties), the parties shall file a joint stipulation
of facts containing separately numbered paragraphs covering all matters to which the
parties have been able to stipulate during the course of proceedings. Each stipulation shall
be supported by a citation to documents on the trial exhibit list, including page and
paragraph numbers. The court urges the parties to achieve joint stipulations to the fullest
extent possible in order to reduce the time required for trial.

d. Joint Trial Exhibit List. On or before Friday, September 21, 2007, the parties

shall file a joint trial exhibit list divided into the following five sections:

(1) Joint stipulated exhibits, to be numbered starting with 1-99 or 1-999, as needed.
The court urges the parties to achieve as many joint exhibits as possible in order to reduce
the time required for trial.

(2) Plaintiff’s exhibits, to be numbered starting with 100-199, or 1000-1999, the
number sequence to begin following the completion of the sequence of numbers used for
the joint exhibits;

(3) Defendant’s exhibits, to be numbered 200-299 or 2000-2999, the number
sequence to begin following the completion of the sequence of numbers used for the
plaintiff’s exhibits;

(4) Plaintiff’s objections to defendant’s exhibits, including the basis for each

objection; and

(5) Defendant’s objections to plaintiff’s exhibits, including the basis for each

objection.

The actual exhibits shall not be submitted to the clerk’s office or to chambers, but
shall be brought to the trial by the parties in sufficient copies, including one copy for the
witness, two copies for the court, and the official copy to be submitted to the court reporter.
The exhibits shall be bound or placed in a loose leaf notebook(s) with each exhibit
sequentially numbered, and all pages of each exhibit sequentially numbered, starting with
page one of the first exhibit through the last page of the last exhibit. Loose submissions,
such as maps, photographs, physical evidence and charts, may be submitted. Reduced
copies of charts and photographs also should be included in the bound volumes, if
possible.

e. Deposition Testimony. On or before Friday, September 21, 2007, any party
intending to present substantive evidence by way of deposition testimony, other than as
provided by Federal Rule of Evidence 801(d), shall serve and file a separate motion for
leave to file the transcript of this testimony. The motion shall show cause why the
deposition testimony should be admitted and identify specifically the portion of the transcript

Case 1:06-cv-00305-MBH Document 43 Filed 08/31/2007 Page 3 of 3

the party intends to use at trial. The opposing party may file a response to this motion.
Sufficient copies of proposed deposition pages for use at trial must be brought to the trial
by the party intending to use such deposition testimony.

f. Responses. The parties are expected to confer and cooperate in the preparation
of the above described documents. Any responses to matters raised by the opposing party
should, therefore, be included in each party’s initial submission. However, if anything new
or unexpected is discovered, it may be addressed in a brief response which must be filed
under cover of a motion for leave of the court to file the response, immediately upon
making the discovery.


The court SCHEDULES a pretrial conference for Wednesday, September 26, 2007
at 10:30 a.m. EDT. Counsel for both parties may appear by telephone. Unless otherwise
notified, the court will contact plaintiff’s counsel at (312) 701-7216 and defendant’s counsel
at (202) 616-3448. On or before Tuesday, September 25, 2007, at 12:00 p.m. EDT, the
attorneys of record shall advise chambers personnel, at (202) 357-6580, of the names and
telephone numbers of any other participants in the pre-trial conference. The RCFC
Appendix A filings, and any other matters preparatory for trial, will be discussed at the
pretrial conference.

IT IS SO ORDERED.

s/ Marian Blank Horn
MARIAN BLANK HORN
Judge