Free Response - District Court of Federal Claims - federal

Case 1:02-cv-01894-EJD

Document 111

Filed 01/28/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) CONSUMERS ENERGY COMPANY, ) ) Plaintiff, ) ) No. 02-1894C v. ) (Chief Judge Damich) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) RESPONSE TO THE COURT'S ORDER DATED JANUARY 18, 2008 REGARDING DEFENDANT'S MOTION FOR AN ENLARGEMENT OF DEADLINES IN THE COURT'S SCHEDULING ORDER Defendant, the United States, respectfully submits this response to the Court's order, dated January 18, 2008, regarding the Government's January 17, 2008 motion for an enlargement of deadlines in the Court's scheduling order. In its order, the Court stated that it "does not object to enlarging the current discovery deadlines" and ordered the parties to "confer and submit agreed upon deadlines for the Scheduling Order by January 28, 2008." As the Court ordered, the parties conferred and agreed to new deadlines for the Court's scheduling order, dated June 25, 2007. The parties submit the following agreed upon deadlines and request that the Court enter an order enlarging the deadlines in the Court's scheduling order: Current Deadline February 1, 2008 Agreed Upon Deadline May 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 Plaintiff's Deadline To Depose Defendant's Expert Witnesses

February 29, 2008

May 29, 2008

June 30, 2008

September 30, 2008

Case 1:02-cv-01894-EJD

Document 111

Filed 01/28/2008

Page 2 of 3

June 30, 2008

September 30, 2008

Close of Fact And Expert Discovery (Including Completion Of All Depositions) Status Conference Will Be Held To Set Trial Date, Etc.

June 2008

October 2008

Defendant respectfully requests that the Court adopt the parties' agreed upon deadlines and enter an order enlarging the deadlines in the Court's June 25, 2007 scheduling order. Respectfully submitted, JEFFREY S. BUCHHOLZ Acting 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 Ave., S.W. Washington, D.C. 20580 JOSHUA GARDNER STEPHEN FINN Trial Attorneys U.S. Department of Justice 1100 L Street, N.W. Washington D.C. 20530 January 28, 2008 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 Tel: (202) 305-2312 Fax: (202) 307-2503

Attorney for Defendant

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Case 1:02-cv-01894-EJD

Document 111

Filed 01/28/2008

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CERTIFICATE OF FILING I hereby certify that on January 28, 2008, a copy of the foregoing "RESPONSE TO THE COURT'S ORDER DATED JANUARY 18, 2008 REGARDING DEFENDANT'S MOTION FOR AN ENLARGEMENT OF DEADLINES IN THE COURT'S SCHEDULING ORDER" 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