above, Plaintiffs April 20, 2011 Motion For Leave To File Its Supplemental And Amended Complaint is granted in part and denied in part. The court hereby grants Plaintiff leave to supplement the September 4, 2009 Complaint to allege a claim for damages incurred through December 31, 2009. An evidentiary hearing regarding the damages claimed in Plaintiffs Amended Complaint will commence on October 24, 2011 at 10:00 a.m. in the National Courts Building at 717 Madison Place N.W., Washington, D.C. 20005. IT IS SO ORDERED. 1 . The court has issued four opinions in a previous case filed by SMUD, No. 98-488C, seeking damages prior to January 1, 2004 for the same breach of contract claim at issue in this case. See Sacramento Mun. Util. Dist. v. United States, 63 Fed.Cl. 495 (2005) ("SMUD I") (<HOLDING>); Sacramento Mun. Util. Dist. v. United States,
recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract holding that the plaintiff had standing to pursue its takings claim while granting plaintiffs motion for partial summary judgment that the government was liable for partial breach of contract holding the government liable to plaintiffs for breach of contract holding that a partial failure of consideration can support a claim for breach of contract holding that the government was liable for partial breach of contract