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

Case 1:07-cv-00184-LAS

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Filed 05/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, and the CALIFORNIA DEPARTMENT OF WATER RESOURCES BY AND THROUGH ITS CALIFORNIA ENERGY RESOURCES SCHEDULING DIVISION, Plaintiffs, v. THE UNITED STATES, Defendant.

No. 07-184C (Hon. Loren A. Smith, Senior Judge) PLAINTIFF THE PEOPLE'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME

INTRODUCTION Plaintiffs the People of the State of California ex rel. Edmund G. Brown Jr., Attorney General of the State of California, and the California Department of Water Resources, by and through its California Energy Resources Scheduling Division (CERS), (collectively, "the People"), respectfully request an enlargement of time, pursuant to Rule 6(b) of the Rules of the Court of Federal Claims ("RCFC"), to respond to Defendant's Motion to Stay Proceedings ("Motion").

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Defendant filed the Motion on May 14, 2007. The People's opposition is due on June 1, 2007. RCFC 7.2(a), 6(e). The People request an additional 12 calendar days, until June 13, 2007, to file an opposition. The People filed notice with the Court on March 19, 2007, that this action is directly related to two cases also pending before this Court, Pacific Gas & Electric Company, et al. v. United States, No. 07-157C (LAS), and San Diego Gas & Electric Company v. United States, No. 07-167C (LAS), which cases the Court has just ordered consolidated. The United States has also filed motions to stay on identical grounds in each of these directly related cases. Plaintiffs in those actions filed unopposed motions to enlarge time also to June 13, 2007, and the Court has granted those requests. This Motion for Enlargement of Time is made for good cause because it is unopposed, and because it will serve the interests of judicial economy and avoid the risk of inconsistent rulings for the Court to consider the motions to stay in these directly related cases concurrently. ARGUMENT A. The Requested Enlargement is Unopposed

Counsel for the People contacted Defendant's counsel on May 22, 2007, and Defendant's counsel advised that Defendant does not oppose this request. Accordingly, no opposition will be filed. The People have not previously requested and the Court has not previously provided an enlargement of time to file an opposition to Defendant's Motion. B. The Requested Enlargement Will Further the Ends of Judicial Economy and Avoid Risk of Inconsistent Rulings

In each of the three directly related actions pending before this Court, Defendant has filed identical motions to stay on the sole ground that the Court should stay all proceedings in these cases until the Ninth Circuit's decision in Bonneville Power Admin. v. FERC, 422 F.2d 908 (9th

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Cir. 2005), becomes final or is reversed by the United States Supreme Court, should a petition for writ of certiorari be sought and granted. The requested enlargement of time will allow the Court to consider Defendant's identical motions to stay in these cases at the same time, thereby furthering the interests of judicial economy and efficiency. Concurrent consideration of the pending motions to stay also will help avoid the risk of inconsistent rulings on the identical motions in these directly related cases. CONCLUSION For all the foregoing reasons, the People respectfully request that the Court enlarge time for the People to file an opposition to Defendant's Motion to Stay Proceedings by 12 calendar days, to June 13, 2007. DATED: May 24, 2007 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California TOM GREENE Chief Assistant Attorney General MARK BRECKLER Senior Assistant Attorney General MARTIN GOYETTE Supervising Deputy Attorney General JULIA JE Deputy Attorney General By: s/ Gary Alexander GARY ALEXANDER Deputy Attorney General Office of the Attorney General 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102 Tel. (415) 703-5599 Fax (415) 703-5480 [email protected]

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ATTORNEY OF RECORD FOR PLAINTIFFS THE PEOPLE OF THE STATE OF CALIFORNIA EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, and the CALIFORNIA DEPARTMENT OF WATER RESOURCES BY AND THROUGH ITS CALIFORNIA ENERGY RESOURCES SCHEDULING DIVISION OF COUNSEL: PEGGY BERNARDY California Department of Water Resources California Energy Resources Scheduling Division 3310 El Camino Avenue, Suite 120 Sacramento, CA 95821 Tel. (916) 574-0321 Fax (916) 654-9822 [email protected]

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