Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 186

Filed 04/28/2005

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 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 seven days, to and including Thursday, May 5, 2005, within which to file its reply relating to its cross-motion for summary judgment regarding pre-breach and future damages. Thursday, April 28, 2005. The reply is currently due on

Defendant has not previously requested Counsel for plaintiff

an enlargement of time for this purpose.

has represented that plaintiff, Wisconsin Electric Power Company, does not oppose this motion. Counsel for the Government needs this brief enlargement of time because he has been devoting and will continue to devote a substantial amount of time, including weekends, to work relating to the completion of fact and expert discovery and preparation of exhibit lists prior to trial in the case of Tennessee Valley Authority v. United States, No. 01-249C. The time demands of that work have impeded counsel's ability to complete the updating of research and review of briefing on these same issues in the other

Case 1:00-cv-00697-JFM

Document 186

Filed 04/28/2005

Page 2 of 3

pending spent nuclear fuel cases that is necessary to allow for an adequate and consistent response on the issues. At the

present time, counsel for the Government does not anticipate the need for any further enlargements for this purpose. 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 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 April 28, 2005

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

- 2 -

Case 1:00-cv-00697-JFM

Document 186

Filed 04/28/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on April 28, 2005, 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