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

Case 1:00-cv-00697-JFM

Document 212

Filed 12/14/2005

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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 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 seven days, to and including Wednesday, December 21, 2005, within which to serve its responses and objections to plaintiff's second set of production requests. Our responses and objections are currently This is defendant's third

due on Wednesday, December 14, 2005.

request for an enlargement of time for this purpose, the Court having previously granted defendant two enlargements totaling 44 days. This request will not affect any dates set forth in the Counsel for plaintiff has represented

Court's scheduling orders.

that plaintiff, Wisconsin Electric Power Company, opposes this motion. Defendant seeks this enlargement of time because some of the production requests have required the agency representatives to attempt to locate old document records located as far away as the states of Idaho and Washington. The requested enlargement will

permit the Government and its counsel time to continue their

Case 1:00-cv-00697-JFM

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efforts to respond fully to plaintiff's production requests.

In

addition, other spent fuel matters have interfered with counsel's efforts to complete the Government's response and made necessary this short additional enlargement, including, the Court's order for expedited briefing on a significant discovery issue in Pacific Gas & Electric Company v. United States, Nos. 04-0074C and 04-0075C (Fed. Cl.), due December 13, 2005; briefing to the United States Court of Appeals for the Federal Circuit on jurisdiction of this Court to entertain spent nuclear fuel breach of contract cases in PSEG Nuclear LLC v. United States, No. 01551C (Fed. Cl.), due December 15, 2005; and matters relating to South Carolina Electric & Gas Co. v. United States, No. 04-101C (Fed. Cl.), currently scheduled to begin trial on January 23, 2006. 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

December 14, 2005

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Case 1:00-cv-00697-JFM

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on December 14, 2005 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. the Court's system. Parties may access this filing through

s/ Kevin B. Crawford