Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:02-cv-01488-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on April 15, 2005) NORTH ATLANTIC ENERGY SERVICE CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 02-1488C (Chief Judge Damich)

UNOPPOSED MOTION FOR ENLARGEMENT OF TIME AND LEAVE TO FILE JOINT STATUS REPORT OUT-OF-TIME Pursuant to this Court's January 6, 2005 Order, Plaintiff and Defendant were to file a joint status report in this case no later than April 4, 2005. In accordance with RCFC 6(b) & 6.1, the parties request an enlargement of time of eleven days to file their joint status report today, April 15, 2005 and move for leave to file the joint status report out-of-time. The joint status report is attached to this motion. Furthermore, Plaintiff has spoken to counsel for Defendant, Mr. James Bruen, Jr., and he has represented that the Government joins in this motion and, thereby, does not oppose it. This is the first time the parties have requested an enlargement of time to file this joint status report. The parties have been engaged in extensive efforts to resolve this case and Florida Power & Light Co., et al. v. United States, No. 96-644C, through mediation (as discussed in the attached joint status report). Those efforts have diverted the parties' attention from the need to file a joint status report in this case by April 4. That failure should be excused and the parties should be allowed to file a joint status report out-of-time given their good faith efforts to resolve this and other related, pending cases.

Case 1:02-cv-01488-EJD

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Therefore, for good cause shown, the parties request that this Court grant the parties' motion for an enlargement of time and request for leave to file their joint status report today, April 15, 2005, eleven days out-of-time. Dated: April 15, 2005 Of Counsel for Plaintiff: John H. O'Neill, Jr. Michael G. Lepre Daniel S. Herzfeld PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000 (202) 663-8007 (fax) Respectfully submitted, s/Alex D. Tomaszczuk by s/Daniel S. Herzfeld Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff

ROBERT D. MCCALLUM, JR., Assistant Attorney General J. CHRISTOPHER KOHN, Director Of Counsel for Defendant: Matthew J. Troy Commercial Litigation Branch Civil Division Department of Justice Marc E. Kasischke Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585
Document #: 1321292 v.1

s/ James G. Bruen, Jr. by s/ Daniel S. Herzfeld JAMES G. BRUEN, Jr., Special Litigation Counsel Department of Justice Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, DC 20044 Telephone: 202.307.0493 Fax: 202.307.0494 Attorneys for Defendant

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Case 1:02-cv-01488-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on April 15, 2005) NORTH ATLANTIC ENERGY SERVICE CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 02-1488C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's January 6, 2005 Order, Plaintiff and Defendant jointly file this status report. This case has remained stayed pending the outcome of the Florida Power & Light Co., et al. v. United States, No. 96-644C. In their December 3, 2004 joint status report, the parties informed the Court that Judge Miller had ordered a briefing schedule in Florida Power. Since that time, the parties completed some briefing in Florida Power, but more recently have engaged in mediation proceedings in an effort to resolve the disputes in Florida Power and, among other cases, this one without further litigation. Thus, this case is subject to on-going mediation proceedings in conjunction with those of Florida Power. See Florida Power, Protective Order at 1 (Mar. 30, 2005) ("The parties have agreed to engage in voluntary mediation in an effort to resolve this case and others between them.") (Attachment 1). In the interests of conserving the resources of the parties and the Court, the parties propose to file a joint status report in this case within thirty days of the completion of mediation

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proceedings. The parties further propose that the stay in this case remain in effect until ten days after the filing of the post-mediation status report referenced above.

Dated: April 15, 2005 Of Counsel for Plaintiff: John H. O'Neill, Jr. Michael G. Lepre Daniel S. Herzfeld PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000 (202) 663-8007 (fax)

Respectfully submitted, s/Alex D. Tomaszczuk by s/Daniel S. Herzfeld Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff

ROBERT D. MCCALLUM, JR., Assistant Attorney General J. CHRISTOPHER KOHN, Director Of Counsel for Defendant: Matthew J. Troy Commercial Litigation Branch Civil Division Department of Justice Marc E. Kasischke Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585
Document #: 1321284 v.1

s/ James G. Bruen, Jr. by s/ Daniel S. Herzfeld JAMES G. BRUEN, Jr., Special Litigation Counsel Department of Justice Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, DC 20044 Telephone: 202.307.0493 Fax: 202.307.0494 Attorneys for Defendant

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