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

Case 1:00-cv-00697-JFM

Document 189

Filed 05/27/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. JOINT MOTION TO REVISE THE COURT'S PRETRIAL SCHEDULING ORDER Plaintiff Wisconsin Electric Power Company ("WE") and Defendant United States respectfully move the Court to revise items (2) through (5) in its November 24, 2004 Order ("Scheduling Order"), scheduling pretrial proceedings in this litigation. As grounds for the motion, the parties state that they have worked together to resolve certain issues with regard to the Scheduling Order and this Joint Motion reflects their resolution of those issues. The proposed schedule revisions do not affect any other dates in the Scheduling Order. The parties respectfully request that the Court reissue the Scheduling Order, revising items (2) through (5) to read as follows: (2) July 14, 2005 (a) Disclosure by plaintiff of expert reports of the Kenrich Group and of any other in-house or outside expert upon which plaintiff relies for the calculation of the damages amounts in its damages schedules, with the reports of the Kenrich Group and any other outside expert to include the information specified in RCFC 26(a)(2)(B) and to be prepared in a format which will enable their use as direct testimony should it be determined to so proceed with any or all expert witnesses. No. 00-697C (Senior Judge Merow) Filed electronically: May 27, 2005

[28795-0001/DA051460.032]

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Case 1:00-cv-00697-JFM

Document 189

Filed 05/27/2005

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(3) November 4, 2005 (a) Completion of fact discovery. (4) November 14, 2005 (a) Plaintiff's other expert reports, including the information specified in RCFC 26(a)(2)(B), with the reports prepared in a format which will enable their use as direct testimony should it be determined to so proceed with any or all expert witnesses. (5) December 15, 2005 (a) Defendant's submissions responding to plaintiff's damage schedules. (b) Defendant's expert reports, including the information specified in RCFC 26(a)(2)(B), with the reports prepared in a format which will enable their use as direct testimony should it be determined to so proceed with any or all expert witnesses. For the foregoing reasons, the parties respectfully request that the Court grant this motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. (by permission) HAROLD D. LESTER, JR. Assistant Director s/Kevin B. Crawford (by permission) KEVIN B. CRAWFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn:Classification Unit Eighth Floor

s/Richard W. Oehler by s/Donald J. Carney RICHARD W. OEHLER Perkins Coie LLP 1201 Third Avenue, 40th Floor Seattle, Washington 98101-3099 Tel: (206) 583-8419 Fax: (206) 583-8500 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Perkins Coie LLP

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Case 1:00-cv-00697-JFM

Document 189

Filed 05/27/2005

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607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675 Dated: May 27, 2005

Washington, D.C. 20530 Tel: (202) 305-9640 Fax: (202) 514-7065 Attorneys for Defendant

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Case 1:00-cv-00697-JFM

Document 189

Filed 05/27/2005

Page 4 of 4

CERTIFICATE OF SERVICE I certify under penalty of perjury that, on May 27, 2005, the 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/Donald J. Carney Donald J. Carney

[28795-0001/DA051460.032]

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