Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:07-cv-00157-LAS

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Filed 01/03/2008

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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. ) 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. ) ) SUPPLEMENT TO DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE A RESPONSE TO PLAINTIFFS' COMPLAINTS Defendant, the United States, respectfully submits this supplemental filing in support of defendant's third motion for an enlargement of time in this matter. Defendant's counsel of record has been out of the office for part of the past two weeks and will remain out of the office for some time due to the serious and prolonged illness of an immediate family member. Accordingly, the Government's resolution of the issue raised in our motion to enlarge has been delayed, as has been the Government's preparation of a response to plaintiffs' complaints. We

Case 1:07-cv-00157-LAS

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Filed 01/03/2008

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regret any inconvenience this will cause the parties or the Court. We have informed plaintiffs of our intent to submit this supplemental filing. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director OF COUNSEL: Sean B. McNamara Trial Attorney Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration January 3, 2008 s/ Mark A. Melnick by Sean B. McNamara 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

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Case 1:07-cv-00157-LAS

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Filed 01/03/2008

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CERTIFICATE OF FILING I hereby certify that on this 3rd day of January, 2008, a copy of the foregoing "SUPPLEMENT TO DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME TO FILE A RESPONSE TO PLAINTIFFS' COMPLAINTS" 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