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

Case 1:00-cv-00697-JFM

Document 265

Filed 01/19/2007

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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 UNOPPOSED 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 weeks, to and including Friday February 2, 2007, within which to serve its Response to Plaintiff's Deposition and Trial Testimony Designations and any applicable motion for leave pursuant to RCFC App. A, ¶ 15(b). Our filings in this regard are currently due on This is defendant's first request for This request

Friday, January 19, 2007.

an enlargement of time for this specific purpose.

will not affect any dates set forth in the Court's scheduling orders. Counsel for plaintiff has represented that plaintiff,

Wisconsin Electric Power Company, does not oppose this motion, but opposes any further enlargement. Defendant seeks this enlargement of time because WEPCO's deposition designations differ considerably from the deposition designations previously filed by other utilities in spent nuclear fuel cases. Thus, it will require considerably more effort to

respond to those designations than defendant had originally

Case 1:00-cv-00697-JFM

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anticipated.

Moreover, plaintiff has just supplemented its

designations on January 17, 2007, and the Government would like to have an opportunity to review these designations before responding to the original designations. In addition, counsel

for the Government require additional time to respond to these designations because of their continuing efforts to prepare for trial in this case as well at their simultaneous work on other spent nuclear fuel cases. The requested enlargement will allow

counsel for the Government adequate time to review the depositions from which plaintiff has made designations and locate responsive portions of those depositions. 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

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

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 Phone: (202) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant

SONIA M. ORFIELD RUSSELL A. SHULTIS MARIAN E. SULLIVAN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice January 19, 2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on January 19, 2007 a copy of this "DEFENDANT'S UNOPPOSED 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. filing through the Court's system. Parties may access this

s/ Kevin B. Crawford