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

Case 1:07-cv-00157-LAS

Document 35

Filed 04/22/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) PACIFIC GAS AND ELECTRIC COMPANY, ) SOUTHERN CALIFORNIA EDISON COMPANY, ) AND CALIFORNIA ELECTRICITY ) OVERSIGHT BOARD, ) ) Plaintiffs, ) ) v. ) No. 07-157C ) (Senior Judge Smith) ) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) ) SAN DIEGO GAS & ELECTRIC CO., ) ) Plaintiff, ) No. 07-167C ) (Senior Judge Smith) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) ) DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE A REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DISMISS Defendant respectfully requests an enlargement of time of 14 days, to and including May 21, 2008, within which to file our reply to plaintiffs' response to our motion to dismiss. Our response is now due to be filed on May 7, 2008. This is defendant's first request for an enlargement of time for this purpose. Plaintiffs' counsel has informed us that plaintiffs do not oppose this motion. An enlargement of time is necessary in this matter to permit the Government time to complete its brief. Counsel of record for the United States in this matter anticipates that he will

Case 1:07-cv-00157-LAS

Document 35

Filed 04/22/2008

Page 2 of 4

be required to devote significant time and resources in the coming month to preparation of defendant's reply brief in Rose Acre Farms v. United States (Fed. Cir. 2007-5169), in addition to his normally assigned supervisory duties. Counsel assisting counsel of record anticipates that he will be required to devote significant time and resources to preparing for oral argument in H & R Services, Inc. v. United States, (Fed. Cl. No. 06-582), scheduled for argument on April 25, and to preparing for oral argument in Systems Integrated v. Navy, (Fed. Cir. No. 07-1540), scheduled for argument on May 5, 2008, and also to filing a response brief in Dobson v. Army, (Fed. Cir. 2008-3127), due on April 29, 2008, and a motion for summary judgment in Hitt Contracting v. United States, (Fed. Cl. 07-823), due on April 30. An enlargement until May 21, 2008, should provide defendant sufficient time to finish its reply brief. Further, counsel for defendant has consulted with counsel for the plaintiffs concerning the Court's proposed date and location for oral argument in this matter, June 24, 2008, in San Francisco, CA. The parties do not have any conflicts with this date or location. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

2

Case 1:07-cv-00157-LAS

Document 35

Filed 04/22/2008

Page 3 of 4

OF COUNSEL: Sean B. McNamara Trial Attorney Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration April 22, 2008

s/ Mark A. Melnick MARK A. MELNICK Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

Attorneys for Defendant

3

Case 1:07-cv-00157-LAS

Document 35

Filed 04/22/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 22nd day of April, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE A REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DISMISS" 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 parties may access this filing through the Court's system.

s/ Mark A. Melnick