You're viewing Docket Item 63 from the case CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. & SUBSIDIARIES v. USA. View the full docket and case details.

Download this document:




Case 1:06-cv-00305-MBH Document 63 Filed 10/16/2007 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.

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 06-305 T

Judge Marian Blank Horn

OBJECTION TO DEFENDANT’S MOTION FOR LEAVE

TO AMEND EXHIBIT LIST TO INCLUDE EXHIBIT 20203, AND

REQUEST THAT COURT PLACE PROPOSED EXHIBIT UNDER SEAL

The Plaintiff, Consolidated Edison Company of New York and Subsidiaries, objects to

Defendant’s Motion for Leave to Amend the Exhibit List. The proposed new Exhibit was

created in response to a request from IRS Appeals, the administrative settlement function

within the IRS. The proposed new Exhibit was not a company document produced in the

ordinary course of its business; rather, it was a document created exclusively for purposes

of furthering settlement negotiations and is thus inadmissible under Fed. R. Evid. 408.

Plaintiff objects to its use at trial.

Plaintiff also believes

that

the document constitutes confidential

taxpayer

information, and requests that the Court place it under seal.

CHDB04 13398321.1 16-Oct-07 09:32

Case 1:06-cv-00305-MBH Document 63 Filed 10/16/2007 Page 2 of 2

Dated: October 16, 2007

/s/ David F. Abbott
David F. Abbott
Attorney of Record
MAYER BROWN LLP
1675 Broadway
New York, NY 10019-5820
Tel: (212) 506-2642
Fax: (212) 849-5642
[email protected]
Attorney for Plaintiff

CHDB04 13398321.1 16-Oct-07 09:32