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

Case 1:00-cv-00697-JFM

Document 272

Filed 01/26/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-697C (Senior Judge Merow)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time of three days (two business days), to and including Tuesday, January 30, 2007, within which to file its RCFC Appendix A, paragraph 14(b) memorandum of contentions of fact and law. Our deadline for filing our memorandum is currently Friday, January 26, 2007. This is defendant's fourth request for an enlargement of time to meet this particular deadline, the Court having previously granted defendant three enlargements totaling 49 days. The pretrial deadlines applicable to both parties in this case have been enlarged on other prior occasions for various reasons. Counsel for plaintiff has represented that plaintiff, Wisconsin Electric Power Company ("WEPCO"), opposes this motion The requested enlargement is necessary in order to allow the Government sufficient additional time to analyze the United States Court of Appeals for the Federal Circuit's decision in Citizens Federal Bank v. United States, No. 05-5173, 2007 WL 162820 (Fed. Cir. Jan. 24, 2007), which was issued on Wednesday, January 24, 2007, and incorporate appropriate discussions of that decision in the memorandum of the appropriate standard of causation that

Case 1:00-cv-00697-JFM

Document 272

Filed 01/26/2007

Page 2 of 3

applies in this case. Because the proper standard of causation is an essential element in this particular case, it seems prudent to ensure that we address this new decision and its effect on this case in our pretrial brief. Our last enlargement motion requested a brief two-day enlargement to complete work on the memorandum and our paragraph 16 exhibit list. In the interim, we have completed work on our exhibit list, and expect to file it by today's deadline. Therefore, we respectfully request that the Court grant this motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

MARIAN E. SULLIVAN RUSSELL A. SHULTIS SONIA M. ORFIELD Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice

s/ Kevin B. Crawford KEVIN B. CRAWFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant

January 26, 2007

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Case 1:00-cv-00697-JFM

Document 272

Filed 01/26/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on January 26, 2007, a copy of this "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" was 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/ Kevin B. Crawford