AMERGEN ENERGY COMPANY, LLC v. USA

Filing 73

ORDER granting 71 Motion for Leave to File Excess Pages. The government's Response/Reply shall be FILED on or before April 26, 2013, and shall not exceed ninety pages; and Plaintiff's Reply brief shall be FILED on or before May 31, 2013, and shall not exceed forty-five pages. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 09-108 T
(Filed April 10, 2013)
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AMERGEN ENERGY CO., LLC by *
and through EXELON GENERATION *
CO., LLC, tax matters partner,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
On April 5, 2013, defendant filed an Unopposed Motion of the United States
For Leave To Exceed Page Limits on the government’s response brief in this
matter. Therein, defendant requests leave of the court to file a response brief
exceeding the thirty page limit, set in accordance with RCFC 5.4(b)(2), by sixty
pages. On April 8, 2013, plaintiff filed a response to defendant’s motion to exceed
the page limit. Plaintiff’s response states that plaintiff does not oppose the
government’s request to file a response brief of up to ninety pages, as long as
plaintiff is accorded a commensurate page limit when filing its reply brief on the
matter. Specifically, plaintiff requests that the court allow its reply brief to be at
least half the amount of the pages that the government uses in its response brief or
the twenty page maximum under the court’s rules, whichever is greater. Resp. at ¶
2.
Accordingly, for good cause shown, it is hereby ORDERED that:
(1)

Defendant’s Motion is GRANTED;

(2)

The government’s Response/Reply shall be FILED on or
before April 26, 2013, and shall not exceed ninety pages; and

(3)

Plaintiff’s Reply brief shall be FILED on or before May 31,
2013, and shall not exceed forty-five pages.

s/Lynn J. Bush
LYNN J. BUSH
Judge

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