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

Case 1:99-cv-00447-CFL

Document 233

Filed 06/01/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BOSTON EDISON COMPANY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 99­447C (Judge Lettow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE THE PARTIES' JOINT PRELIMINARY STATUS REPORT Defendant, the United States, respectfully requests that the Court grant the parties an enlargement of time within which to submit their Joint Preliminary Status Report ("JPSR") in the this case until 21 days after the Court has ruled upon defendant's pending motion to consolidate this case with Entergy Nuclear Generation Co. v. United States, No. 03-2626C (Fed. Cl.). The parties' JPSR is currently due to be filed on Thursday, June 2, 2005. Neither party has previously requested an enlargement of time for this purpose. The associate of counsel for Boston Edison Company ("Boston"), Bradley Wine, has represented that Boston does not oppose this motion. As we explained in our motion to consolidate, this matter and Entergy Nuclear Generation are currently pending before the same judge and involve the assignor and assignee of the same contract with the Department of Energy. Accordingly, as we explain in our motion to consolidate, consolidation will promote the efficient administration of justice including a single schedule for the resolution of both cases. Oral argument upon the Government's motion to consolidate is scheduled for June 14, 2005. It would thus be superfluous for the parties to file a JPSR in this matter before the Court has resolved the Government's consolidation motion.

Case 1:99-cv-00447-CFL

Document 233

Filed 06/01/2005

Page 2 of 3

For the forgoing reasons, we respectfully request that the Court grant this motion and permit the parties to file a JPSR in this matter 21 days after the Court has ruled upon the Government's motion to consolidate this matter with Entergy Nuclear Generation. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN 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. 20585

s/ Alan J. Lo Re ALAN J. LO RE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7583 Fax: (202) 307-2503 Attorneys for Defendant

June 1, 2005

-2-

Case 1:99-cv-00447-CFL

Document 233

Filed 06/01/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 1st day of June 2005, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE THE PARTIES' JOINT PRELIMINARY STATUS REPORT" 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/ Harold D. Lester, Jr.