Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:02-cv-01894-EJD

Document 99

Filed 04/27/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONSUMERS ENERGY COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 02-1894C (Chief Judge Damich)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME UPON BEHALF OF BOTH PARTIES Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests, upon behalf of both parties, that the Court grant the parties an enlargement of four days, to and including Tuesday, May 1, 2007, within which to file the joint status report required by the Court's order dated April 5, 2007. Currently, the parties' joint status report is due by today, April 27, 2007. Neither party has previously requested an enlargement for this purpose. Counsel for plaintiff has represented that plaintiff, Consumers Energy Company ("Consumers"), does not oppose this motion. Counsel for the parties have discussed the contents of their joint status report in detail. The parties have also exchanged drafts of a proposed joint status report. Unfortunately, they have been unable to reach agreement on the specific final language of their report. Counsel for Consumers is currently in Williamsburg, Virginia, which is affecting the parties' ability to continue their efforts to reach agreement on final language. Counsel for Consumers suggested that, for the parties' convenience and to permit the parties additional time to attempt to reach agreement on final language, the parties seek additional time within which to file their report. We agree with counsel for Consumers' suggestion and are filing this motion on the parties'

Case 1:02-cv-01894-EJD

Document 99

Filed 04/27/2007

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behalf. With this enlargement, we believe that the parties should be able to complete their discussions regarding their joint status report and file it with the Court. For the foregoing reasons, we respectfully request that the Court grant our motion for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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

s/ Scott R. Damelin SCOTT R. DAMELIN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-2312 Fax: (202) 307-2503 Attorneys for Defendant

April 27, 2007

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Case 1:02-cv-01894-EJD

Document 99

Filed 04/27/2007

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CERTIFICATE OF FILING I hereby certify that on this 27th day of April 2007, a copy of foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME UPON BEHALF OF BOTH PARTIES" 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. Parties may access this filing through the Court's system.

s/ Scott R. Damelin