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Case 1:06-cv-00305-MBH Document 62 Filed 10/15/2007 Page 1 of 2

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,

v.

THE UNITED STATES,

Defendant.


DEFENDANT’S MOTION FOR LEAVE TO AMEND EXHIBIT LIST TO INCLUDE

EXHIBIT 20203



The United States, by and through undersigned counsel, hereby submits this Motion for

Leave to Amend its exhibit list to add a single, recently discovered relevant document. Exhibit

20203 (attached) purports to reflect Plaintiff’s calculations (or calculations made at Plaintiff’s

behest) of monthly cash flow for the transaction (both before and after taxes). Plaintiff will not

be prejudiced by admission of this document from its own files.

The document was part of more than twenty thousand pages Plaintiff turned over to

defendant, over the period of July 17-20, 2007, in its tenth through seventeenth supplements to

its responses to the United States’ requests for the production of documents. In that production,

Plaintiff identified the documents it believed would be relevant to upcoming depositions; this

document was not identified. The United States nevertheless discovered this document, and its

relevance, during its preparation for trial. Defendant promptly notified Plaintiff it would seek its

2804183.1

Case 1:06-cv-00305-MBH Document 62 Filed 10/15/2007 Page 2 of 2

admission into evidence. 1

The United States respectfully requests that it be permitted to use exhibit 20203 in trial.

Respectfully submitted,

s/ David N. Geier
DAVID N. GEIER

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

RICHARD T. MORRISON

Assistant Attorney General

DAVID GUSTAFSON

STEVEN I. FRAHM

Chief, Court of Federal Claims Section

Assistant Chief, Court of Federal Claims Section

s/ Steven I. Frahm
Of Counsel

October 15, 2007

1

The United States contacted Plaintiff this morning regarding this motion and Plaintiff

has not responded.

2804183.1