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

Case 1:00-cv-00697-JFM

Document 269

Filed 01/24/2007

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 two days, to and including Friday, January 26, 2007, within which to file its RCFC Appendix A, paragraph 14(b) memorandum of contentions of fact and law and its paragraph 16 exhibit list. Our deadline for filing both of these items is currently Wednesday, January 24, 2007. This is defendant's third request for an enlargement of time to meet this particular deadline, the Court having previously granted defendant two enlargements totaling 47 days. The pretrial deadlines applicable to both parties in this case have been enlarged on other prior occasions for various reasons. When we filed our last enlargement motion, counsel for plaintiff represented that plaintiff, Wisconsin Electric Power Company ("WEPCO"), would oppose this motion. The requested enlargement is necessary because, despite diligent effort on behalf of counsel for the Government, work on the subject filings is almost, but not yet, complete. Our last enlargement motion requested a brief five-day enlargement to complete work on the two subject filings and our paragraph 15 witness list. In the interim, we have completed work on our witness list, but need a small amount of additional time to complete our review of the issues

Case 1:00-cv-00697-JFM

Document 269

Filed 01/24/2007

Page 2 of 3

covered in our memorandum and our objections to WEPCO's more than 950 proposed trial exhibits. The amount of time involved in our review of WEPCO's exhibits has affected our available time to complete our pretrial briefing, and our continued work on the brief has required additional review of our exhibit list. We expect to file our witness list 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 24, 2007

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Case 1:00-cv-00697-JFM

Document 269

Filed 01/24/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on January 24, 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