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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 1 of 6

No. 06-305 T

(Judge Marian Blank Horn)

IN THE UNITED STATES COURT OF FEDERAL CLAIMS



CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC. & SUBSIDIARIES

Plaintiff

Defendant

v.

THE UNITED STATES,



THE UNITED STATES’ MOTION FOR LEAVE TO FILE DEPOSITION TESTIMONY



The United States, pursuant to RCFC Appendix A, ¶ 15(b) and RCFC 32, moves for

leave to file portions of certain deposition transcripts as substantive evidence in this case. Each

of the depositions sough to be admitted were taken in this case. Each of these witnesses were

involved in ancillary matters that may be covered by other witnesses. While their testimony is

useful and necessary, it would not be efficient or cost effective to have these witnesses travel to

Washington, D.C. for trial. The witnesses the United states intends to present by deposition are

as follows:

Jeanette Li: Ms. Li resides in New York, New York and served as an administrative

assistant for Consolidated Edison. Her relevant testimony, including testimony concerning

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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 2 of 6

document creation and retention and office management, can be adequately presented through

her deposition transcript.

The United States seeks to introduce the following testimony (page:line)

5:10

8:9-8:15

12:13-12:16

13:11-13:19

14:13-14:25

15:4-16:11

18:14-19:21

37:10-38:12

48:11-49:16

Dawson Newberry: Mr. Newberry resides in New York, New York and serves as the

director of information services for Consolidated Edison Energy and Consolidated Edison

Development. His relevant testimony, including testimony concerning Plaintiff’s document

retention policy, can be adequately presented through his deposition transcript.

The United States seeks to introduce the following testimony (page:line):

6:16-6:23

7:11-11:12

12:19-13:4

13:10-13:24

14:7-15:11

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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 3 of 6

15:15-16:2

17:9-17:15

17:19-18:7

23:2-24:4

24:12-24:18

28:16-28:25

29:5-30:3

Luther Tai: Mr. Tai resides in Basking Ridge, New Jersey and formerly served on

Consolidated Edison’s Co. of New York, Inc.'s Corporate Planning Department. His relevant

testimony, including testimony concerning Plaintiff’s alleged business purpose, can be

adequately presented through his deposition transcript.

The United States seeks to introduce the following testimony (page:line):

6:9-6:14

9:4-9:9

15:25-16:15

16:22-18:4

24:22-27:25

28:7-31:17

32:23-33:15

33:24-34:3

43:12-44:3

77:9-77:11

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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 4 of 6

80:7-80:15

83:20-84:2

97:11-97:23

118:22-119:6

120:8-120:24

121:9-121:16

122:10-122:16

130:12-133:22

134:11-135:12

Terrence Walsh: Mr. Walsh resides in New York, New York and serves as the director of

information technology planning in the information resources department for Consolidated

Edison. His relevant testimony, including testimony concerning Plaintiff’s document retention

policy, can be adequately presented through his deposition transcript.

The United States seeks to introduce the following testimony (page:line):

6:17-7:4

8:14-9:25

10:8-10:13

11:8-11:11

13:23-14:22

15:11-16:23

17:3-19:16

20:13-21:3

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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 5 of 6

Anton Zauner: Mr. Zauner resides in Greenwich, Connecticut. Mr. Zauner worked for

Capstar financial Partners and represented EZH in the transaction. His relevant testimony,

including testimony concerning the transaction, can be adequately presented through his

deposition transcript.

The United States seeks to introduce the following testimony (page:line):

5:7-5:12

7:15-7:23

10:5-10:11

15:8-15:14

19:10-19:21

34:18-36:2

44:12-47:2

47:18-49:18

53:14-55:10

58:12-58:15

58:21-58:25

88:1-88:11

Respectfully submitted,

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Case 1:06-cv-00305-MBH Document 47 Filed 09/21/2007 Page 6 of 6

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

EILEEN J. O’CONNOR

Assistant Attorney General

DAVID GUSTAFSON

STEVEN I. FRAHM

JOSEPH A. SERGI
ADAM R. SMART
KAREN M. GROEN
Trial Attorneys

September 21, 2007

s/ Steven I. Frahm
Of Counsel

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