Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 213

Filed 12/19/2005

Page 1 of 4

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

No. 00-697C (Senior Judge Merow)

JOINT MOTION TO REVISE THE COURT'S PRETRIAL SCHEDULING ORDER Pursuant to the Court's order dated October 26, 2005, plaintiff, Wisconsin Electric Power Company, and defendant, the United States, respectfully request that the Court reset the deadlines and dates contained in the pretrial scheduling orders previously issued in this case. As grounds for the motion, the parties state that they have worked together to resolve certain issues with regard to the pretrial deadlines and that this joint motion reflects their resolution of those issues. The parties respectfully request that the Court issue a revised scheduling order setting the following deadlines and dates: Event Completion of fact discovery Plaintiff's expert reports, including the information specified in RCFC 26 Defendant's expert reports, including the information specified in RCFC 26 Completion of expert discovery Exchange of Appendix A, ¶¶ 13(a) and (b) information Deadline/Date Friday, March 3, 2006 Friday, April 7, 2006

Friday, May 12, 2006

Friday, July 7, 2006 Friday, September 15, 2006

Case 1:00-cv-00697-JFM

Document 213

Filed 12/19/2005

Page 2 of 4

Plaintiff's Appendix A, ¶ 14 (a) submission Defendant's Appendix A, ¶ 14 (b) submission Pretrial conference Trial (three weeks)

Friday, October 27, 2006 Friday, December 8, 2006 Friday, January 26, 2007 Tuesday, March 27, 2007 Monday, April 16, 2007

The only possible conflicts with any of the deadlines or dates described above relate to the trial period and the possible conflicts posed by two April 2007 trial commencement dates proposed by the plaintiffs in two other spent nuclear fuel cases: Entergy Nuclear Indian Point 2, LLC v. United States, No. 03-2622C (Fed. Cl.) (J. Wheeler) and Boston Edison Company v. United States, No. 99-447C (Fed. Cl.) (J. Lettow).1 If either of those requests are granted, there will not be sufficient time for the Government's litigation support contractor to prepare for another trial commencing so soon after the conclusion of the trial in this case. That problem could result in further need to adjust the trial date in this case. For the foregoing reasons, the parties respectfully request that the Court grant this motion. Respectfully submitted, s/Richard W. Oehler (by permission) RICHARD W. OEHLER Perkins Coie LLP 1201 Third Avenue, 40th Floor Seattle, Washington 98101-3099 Tele: (206) 359-8419 Fax: (206) 359-9419 Attorneys for Plaintiff PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

The Government has proposed that the Boston Edison trial begin on June 11, 2007. Judge Lettow has scheduled a hearing on this matter for next Monday, December 20, 2005. 2

1

Case 1:00-cv-00697-JFM

Document 213

Filed 12/19/2005

Page 3 of 4

OF COUNSEL: Donald J. Carney Perkins Coie LLP 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 OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 ALAN LO RE Senior Trial Attorney RUSSELL A. SHULTIS SONIA M. ORFIELD Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice December 19, 2005

3

Case 1:00-cv-00697-JFM

Document 213

Filed 12/19/2005

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that, on December 19, 2005, a copy of foregoing "JOINT MOTION TO REVISE THE COURT'S PRETRIAL SCHEDULING ORDER" 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