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

Case 1:02-cv-01894-EJD

Document 114

Filed 02/22/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) CONSUMERS ENERGY COMPANY, ) ) Plaintiff, ) ) v. ) No. 02-1894C ) (Chief Judge Damich) THE UNITED STATES, ) ) Defendant. ) __________________________________________) JOINT MOTION FOR AN ENLARGEMENT OF TIME Plaintiff, Consumers Energy Company ("Plaintiff" or "Consumers Energy"), and defendant, United States of America ("Defendant" or the "Government"), by and through their respective attorneys, submit this Joint Motion for an Enlargement of Time. Plaintiff and defendant request the Court modify its January 30, 2008 Revised Scheduling Order to extend various discovery deadlines as well as the date for the completion of fact and expert discovery. Since the Government submitted its response to the Court's January 18, 2008 order and Court issued its January 30, 2008 Revised Scheduling Order, the parties have engaged in further discussions regarding discovery deadlines. The parties have agreed to submit new deadlines to the Court extending discovery activities by several months to ensure sufficient time to complete discovery. However, the parties request that the October 2008 deadline for the status conference to set the trial date remain the same. The parties believe that by October 2008 they will be prepared to discuss dates and schedule for a trial in this case.

Case 1:02-cv-01894-EJD

Document 114

Filed 02/22/2008

Page 2 of 4

The parties respectfully request that the Court adopt the dates for the specific discovery activities set forth below and enter an order enlarging the deadlines in the Court's January 30, 2008 Revised Scheduling Order. Current Deadline May 2, 2008 Agreed Upon Deadline July 2, 2008 Activity Submission Of Audit Report By Defendant In Response To Detailed Claim By Plaintiff; Submission Of Expert Report(s) By Defendant Defendant's Deadline To Depose Plaintiff's Expert Witnesses Status Conference Will Be Held To Set Trial Date, Etc. Plaintiff's Deadline To Depose Defendant's Expert Witnesses Close of Fact And Expert Discovery (Including Completion Of All Depositions)

May 29, 2008

July 29, 2008

October 2008

October 2008

September 30, 2008

December 1, 2008

September 30, 2008

December 1, 2008

Case 1:02-cv-01894-EJD

Document 114

Filed 02/22/2008

Page 3 of 4

Respectfully submitted, s/Thomas O. Mason THOMAS O. MASON Williams, Mullen, Clark & Dobbins 8270 Greensboro Drive McLean, VA 22101 Tele: (703) 760-5200 Fax: (703) 748-0244 Jeffrey S. Theuer Loomis, Ewert, Parsley, Davis & Gotting, P.C. 232 S. Capitol Avenue, Suite 1000 Lansing, MI 48933 (517) 482-2400 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Harold D. Lester, Jr. _ HAROLD D. LESTER, JR. Assistant Director s/Scott R. Damelin by Stephen Finn 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 Tel: (202) 305-2312 Fax: (202) 307-2503

OF COUNSEL: James E. Brunner Arunas T. Udrys Consumers Energy Company 212 West Michigan Avenue Jackson, MI 49201 (517) 788-2152 Harvey J. Messing Miller, Canfield, Paddock & Stone, P.L.C. Suite 900 Lansing, MI 48933 (517) 487-2070 Attorneys for Plaintiff February 22, 2008

JANE K. TAYLOR. Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 Attorneys for Defendant

Case 1:02-cv-01894-EJD

Document 114

Filed 02/22/2008

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on February 22, 2008, a copy of the foregoing "JOINT MOTION FOR AN ENLARGEMENT OF TIME" 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/Stephen Finn