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Case 1:06-cv-00305-MBH Document 53 Filed 09/26/2007 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: September 26, 2007

The court held a pre-trial conference in the above-captioned case on September 26,
2007. As discussed with the parties at the conference, the court establishes the following
SCHEDULE: on or before close of business Friday, September 28, 2007, defendant shall
file its objections with respect to the admittance into evidence of the Wilmington Trust
Company documents. On or before close of business Thursday, October 4, 2007, plaintiff
shall file its response.

Because of the parties’ failure to follow the August 31, 2007 court order regarding
pre-trial filings, and the parties disregard of filing deadlines without requesting relief from
the court, and as discussed at the conference on September 26, 2007, on or before Friday,
September 28, 2007, the parties shall re-accomplish and re-file a joint, as opposed to
separate, statement of issues of law.

On or before Wednesday, October 3, 2007, the parties shall re-accomplish and re-
file their joint, as opposed to separate, statement of issues of fact to be decided by the
court, and shall include a comprehensive, stand-alone (that is, not referring the court to
other documents), list of terms and acronyms.

On or before Wednesday, October 3, 2007, 12:00 p.m., the parties shall re-
accomplish and re-file the joint trial exhibit list, plaintiff’s exhibit list, and defendant’s exhibit
list, including corrected Bates page numbering. Any depositions to be introduced into
evidence shall be included on an exhibit list.

On or before Wednesday, October 3, 2007, the parties shall re-accomplish and re-
file their joint stipulation of facts, removing reservations as to their effectiveness, and as
discussed at the status conference, explaining fully any remaining reservations, and
correcting the absent Bates, page, exhibit numbering.

Case 1:06-cv-00305-MBH Document 53 Filed 09/26/2007 Page 2 of 2

On or before Wednesday, October 3, 2007, the parties shall review defendant’s
September 21, 2007 motion for leave to file deposition testimony with a view toward
whether live witnesses are required in the cases of potential witnesses Tai and Zauner, and
shall file the final, joint statement of witnesses to be called at trial, including the order of the
witnesses.

On or before Friday, October 5, 2007, 12:00 p.m., the parties shall file short, 5 - 10

page, pre-trial briefs, as requested by the defendant.

The trial in this case will commence on Wednesday, October 17, 2007, at 10:30
a.m., and continue until all evidence is taken, in electronic courtroom 5, located on the fifth
floor of the Howard T. Markey National Courts Building, 717 Madison Place, N.W.,
Washington, D.C. The parties may begin setting up for trial in courtroom 5 at 8:00 a.m.,
Wednesday, October 17, 2007. Courtroom systems personnel will be available.

IT IS SO ORDERED.

s/ Marian Blank Horn
MARIAN BLANK HORN
Judge

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