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Case 1:06-cv-00305-MBH Document 92 Filed 12/05/2007 Page 1 of 1

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: December 5, 2007

After several weeks of trial, the court adjourned trial of the above-captioned case.
Both parties are to be commended for their preparation and presentations at trial. Before
adjournment, defendant filed a November 14, 2007, statement of spoliation claim; plaintiff
filed a November 15, 2007, RCFC 52(c) motion seeking a judgment on partial findings, to
dismiss the government’s spoliation of evidence claim; and defendant filed a November 15,
2007, amended statement of spoliation claim. To assist the court in reviewing and deciding
this issue, the court establishes the following briefing SCHEDULE on the spoliation issue.
On or before Thursday, December 13, 2007, defendant shall file its opening brief. On or
before Thursday, January 3, 2008, plaintiff shall file its response brief. On or before
Friday, January 11, 2008, defendant shall file its reply brief. The court schedules a status
conference to discuss whether oral argument is needed on the spoliation issue, for Friday,
January 18, 2008, 12:30 p.m. Counsel may appear by telephone. Unless otherwise
notified, defendant’s counsel will be contacted at (202) 616-3448, and plaintiff’s counsel will
be contacted at (313) 701-8541. If the attorneys of record wish other individuals to attend
the conference by telephone, their names and telephone numbers shall be provided to
chambers staff, at (202) 357-6580, on or before Friday, January 11, 2008.

The court also establishes a SCHEDULE for briefing prior to closing argument. On
or before Monday, March 31, 2008, the parties shall file simultaneous opening briefs. On
or before Monday, May 19, 2008, the parties shall file simultaneous reply briefs. Closing
arguments are scheduled for Thursday, June 19, 2008, 9:30 a.m. DST.


IT IS SO ORDERED.

s/ Marian Blank Horn
MARIAN BLANK HORN
Judge