Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:02-cv-01894-EJD

Document 101

Filed 06/22/2007

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONSUMERS ENERGY COMPANY, ) ) ) ) ) ) ) ) ) ) )

Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

COFC No. 02-1894-C (Chief Judge Damich)

JOINT MOTION FOR ENLARGEMENT OF TIME TO JUNE 9, 2006 SCHEDULING ORDER 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 Enlargement of Time. Plaintiff and Defendant request the Court to modify its June 9, 2006 Scheduling Order to extend various discovery deadlines as well as the date for completion of fact and expert discovery. This is the first request by either party to enlarge the schedule established in the June 9, 2006 Scheduling Order. Since the Court's issuance of the June 9, 2006 Scheduling Order, the parties have engaged in discovery, including Consumers Energy's submission of its detailed claim and the Government's service of discovery requests. As noted in the parties' May 1, 2007 Joint Status Report, the parties anticipated the need for an enlargement of time after engaging in initial discovery. The parties continue to engage in discovery activities, but various factors have arisen that necessitate the need to extend various discovery deadlines, including scheduling the availability of responsive documents controlled by Plaintiff at various facilities and locations and coordinating discovery activities in this case with Government counsel's obligations in other Spent Nuclear Fuel cases. With respect to the availability of responsive documents controlled by

Case 1:02-cv-01894-EJD

Document 101

Filed 06/22/2007

Page 2 of 4

Plaintiff, Plaintiff recently completed the sale of nuclear facilities involved in this litigation to a third party, which has placed restrictions upon Plaintiff's ability to make affected documents available for discovery purposes. These restrictions will not deny the parties access to documents, but will only impact the coordination of schedules. Accordingly, the enlargement of time will assist in facilitating the Government's access to these documents. The parties request the Court to modify its June 9, 2006 Scheduling Order to adopt the dates for specific discovery events set forth below: EVENT Submission of Audit Report by Defendant in Response to Detailed Claim by Defendant; 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 Close of Fact and Expert Discovery (including completion of all depositions) Status Conference Will Be Held to Set Trial Date, Etc. CURRENT DATE June 30, 2007 PROPOSED DATE February 1, 2008

June 30, 2007

February 29, 2008

September 30, 2007 December 31, 2007

June 30, 2008 June 30, 2008

January 2008

June 2008

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Case 1:02-cv-01894-EJD

Document 101

Filed 06/22/2007

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Respectfully submitted,

s/ Thomas O. Mason THOMAS O. MASON Williams, Mullen, Clark & Dobbins 8270 Greensboro Drive McLean, VA 22102 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

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director 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) 353-0897 Fax: (202) 307-2503 OF COUNSEL: Jane K. Taylor Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 Attorneys for Defendant

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. One Michigan Avenue Suite 900 Lansing, MI 48933 (517) 487-2070 Attorneys for Plaintiff

Dated: June 22, 2007

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Case 1:02-cv-01894-EJD

Document 101

Filed 06/22/2007

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CERTIFICATE OF FILING I hereby certify that on this 22nd day of June, 2007, a copy of the foregoing "JOINT MOTION FOR ENLARGEMENT OF TIME TO JUNE 9, 2006 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/ Francis E. Purcell, Jr.

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