Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 373

Filed 12/21/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. PLAINTIFF'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Plaintiff Wisconsin Electric Power Company ("WE") respectfully requests an enlargement of ninety-eight days from December 21, 2007 until March 28, 2008 in which to submit counter-designations of deposition or trial testimony, and any potential objections, in response to the Government's November 9, 2007 submission of designated testimony. WE's counter-designations and objections then would be due on the same day as WE's Post-Trial Reply Brief and Objections to the Government's Proposed Findings of Fact. This is the second enlargement that WE has sought for this filing. Government counsel has indicated that the Government does not oppose this motion. The Government filed its deposition and trial testimony designations on November 9, 2007. The Court previously permitted WE to file objections and counter-designations to the Government's designated testimony. See, e.g., Tr. 6406:20-6408:3 (October 16, 2007). Then, by Order dated November 29, 2007, the Court permitted WE to file by December 21, 2007 its counter-designations of deposition or trial testimony, and any potential objections, in response to the Government's November 9, 2007 submission of designated testimony. Order Granting Enlargement of Time, No. 00-697C (Fed. Cl. Nov. 29, 2007). The record in this case is large. WE believes it will be the most efficient for the Court and the parties if WE is able to review the Government's use of its designated (Senior Judge Merow)

No. 00-697C

28795-0001/LEGAL13820682.1

Case 1:00-cv-00697-JFM

Document 373

Filed 12/21/2007

Page 2 of 3

testimony in their post-trial pleadings before WE files its counter-designations and corresponding objections to the Government's designated testimony. WE continue to reserve the right to raise specific evidentiary objections to specific testimony designated by the Government in WE's Post-Trial Reply brief, as appropriate. For the foregoing reasons, WE respectfully requests that the Court grant Plaintiff's Unopposed Motion for an Enlargement of Time. Dated: December 21, 2007 Respectfully submitted, s/ Richard W. Oehler by s/Emily C.C. Poulin Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 (206) 583-8419 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Mary Rose Hughes Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675

28795-0001/LEGAL13820682.1

-2-

Case 1:00-cv-00697-JFM

Document 373

Filed 12/21/2007

Page 3 of 3

CERTIFICATE OF SERVICE
I certify under penalty of perjury that, on December 21, 2007, I caused a copy of the foregoing "Plaintiff's Unopposed Motion for An Enlargement of Time" to be filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ Emily C.C. Poulin Emily C.C. Poulin

28795-0001/LEGAL13820682.1