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

Case 1:07-cv-00157-LAS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PACIFIC GAS AND ELECTRIC COMPANY, SOUTHERN CALIFORNIA EDISON COMPANY, AND CALIFORNIA ELECTRICITY OVERSIGHT BOARD, Plaintiffs, v. THE UNITED STATES, Defendant.

No. 1:07-cv-00157-LAS HON. LOREN A. SMITH CALIFORNIA PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME

INTRODUCTION Plaintiffs Pacific Gas and Electric Company ("PGE"), Southern California Edison Company ("SCE"), and the California Electricity Oversight Board ("EOB") (collectively the "California Plaintiffs") respectfully request an enlargement of time, pursuant to Rule 6(b) of the Rules of the Court of Federal Claims ("RCFC"), to respond to the Defendant's Motion to Consolidate, for a More Definite Statement, and to Stay Proceedings; Alternatively, Defendant's Motion for Enlargement of Time ("the Motion"). Defendant filed the Motion on May 11, 2007. The California Plaintiffs' opposition is due on May 25, 2007. RFCF 7.2(a). The California Plaintiffs request an additional 19 calendar days ­ until June 13, 2007 ­ to file an opposition. ARGUMENT A. The Requested Enlargement Is Unopposed. This request is uncontested. The California Plaintiffs discussed this request with Defendant on May 2, 2007, and Defendant does not oppose it. The California Plaintiffs have not previously requested and the Court has not previously provided an enlargement of time to file an 1

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opposition to Defendant's Motion. B. The Enlargement Of Time Is Necessary. The requested enlargement of time is necessary. The California Plaintiffs have agreed to consolidate this lawsuit with a pending Complaint in this Court against the United States by San Diego Gas and Electric Company ("SDG&E"), asserting similar claims (San Diego Gas & Elec. Co. v. United States, Case No. 07-167C). Defendant has filed an identical motion in that lawsuit. In the interest of efficiency, the California Plaintiffs and SDG&E intend to file identical opposition briefs in each action, and that will require additional time to coordinate and finalize their filings.1 That process is complicated by the fact that lead counsel for some of the California Plaintiffs are unavailable for significant periods of time during the latter half of this month and the first half of June, due to conflicting obligations in other lawsuits and previously scheduled business and personal travel. In light of these scheduling conflicts, the importance of the motion, the modest amount of additional time requested, and the lack of any opposition by the United States, the California Plaintiffs' requested enlargement is necessary and appropriate, and should be granted.

SDG&E has asked for a similar enlargement of time to respond to the Defendant's motion in their respective lawsuit. 2

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DATED: May 21, 2007 By: s/ Marie L. Fiala MARIE L. FIALA HELLER EHRMAN LLP 333 Bush Street San Francisco, CA 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 ATTORNEY OF RECORD FOR PLAINTIFF PACIFIC GAS AND ELECTRIC COMPANY

OF COUNSEL: RUSSELL P. COHEN CECILIA Y. CHAN HELLER EHRMAN LLP 333 Bush Street San Francisco, CA 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 STAN BERMAN PEGGY J. WILLIAMS LISA D. HARDIE HELLER EHRMAN LLP 701 Fifth Ave, Suite 6100 Seattle, WA 98104-7098 Telephone: (206) 447-0900 Facsimile: (206) 447-0849 MARK PATRIZIO PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street, MailCode B30A San Francisco, CA 94105 Telephone: (415) 973-6344 Facsimile: (415) 973-5520 Attorneys for Plaintiff Pacific Gas and Electric Company

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DATED: May 21, 2007 By: s/ Jane I. Ryan JANE I. RYAN Steptoe & Johnson LLP 1330 Connecticut Avenue NW Washington, DC 20036 Telephone: (202) 429-3000 Facsimile: (202) 429-3902 ATTORNEY OF RECORD FOR THE SOUTHERN CALIFORNIA EDISON COMPANY OF COUNSEL: DANIEL C. SAULS STEPTOE & JOHNSON LLP 1330 Connecticut Avenue NW Washington, DC 20036 Telephone: (202) 429-3000 Facsimile: (202) 429-3902 LEON BASS, JR. SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Rosemead, CA 91770 Telephone: (626) 302-6967 Attorneys for Plaintiff Southern California Edison Company

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DATED: May 21, 2007 By: s/ Steven Benito Russo STEVEN BENITO RUSSO CALIFORNIA ELECTRICITY OVERSIGHT BOARD 770 L Street, Suite 1250 Sacramento, CA 95814 Telephone: (916) 322-8601 Facsimile: (916) 322-8591 ATTORNEY OF RECORD FOR THE CALIFORNIA ELECTRICITY OVERSIGHT BOARD

SE 2211669 v1

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