Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

Document 196

Filed 05/26/2004

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

No. 99-447C (J. Allegra)

PLAINTIFF'S CONSENT MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims (RFCF), Plaintiff, Boston Edison Company (Boston Edison) respectfully requests that the Court grant an enlargement of thirty (30) days, to and including July 2, 2004, within which the Plaintiff may file its response to Defendants Motion To Dismiss Or, In The Alternative For Summary Judgment Upon Counts I And II, And For Summary Judgment Upon Count III Of Plaintiffs Amended Complaint (Motion). Plaintiffs response is currently due on June 1, 2004. The Court has not previously granted Plaintiff an enlargement of time regarding this Motion. Counsel for the Government, Harold D. Lester, has represented that Defendant consents to the filing of this motion. At the pre-hearing conference in this matter on March 16, 2004, the Government advised that it would be filing a Motion to Dismiss the Complaint. However, the motion filed by the Government also included an alternative request for summary judgment on Counts I and II, as well as a Motion for Summary Judgment on Count III.

Case 1:99-cv-00447-CFL

Document 196

Filed 05/26/2004

Page 2 of 5

In order to fully respond to the Motions for Summary Judgment, including the Governments Statement of Uncontroverted Facts, Plaintiff will need to review extensive documents and facts in the record. Defendants counsel is also counsel in four other spent nuclear fuel cases. The Government has recently filed a Motion to Stay All Proceedings Or, In the Alternative, For Coordinated Discovery Regarding Rate and Schedule Issues in one of those cases, and Motions to Dismiss in the three others cases. Because of the Governments unanticipated Motions for Summary Judgment in Boston Edison and the work associated with responding to the Governments motions in the other spent nuclear fuel cases being handled by Plaintiffs counsel, Plaintiff respectfully requests that the Court grant this request for a 30 day extension of time. For the foregoing reasons, Plaintiff respectfully requests that the court grant this extension of time. Date: May 26, 2004 Respectfully submitted, s/ Richard J. Conway Richard J. Conway DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP 2101 L Street, NW Washington, DC 20037 (202) 785-9700 Counsel of Record for Boston Edison Company

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Case 1:99-cv-00447-CFL

Document 196

Filed 05/26/2004

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Of Counsel:

David M. Nadler Nicholas W. Mattia, Jr. Bradley D. Wine DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP 2101 L Street, NW Washington, DC 20037 (202) 785-9700 Neven Rabadjija, Esq. Associate General Counsel NSTAR Electric & Gas Corporation 800 Boylston Street, 36th Floor Boston, MA 02199-0228

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Case 1:99-cv-00447-CFL

Document 196

Filed 05/26/2004

Page 4 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BOSTON EDISON COMPANY,

) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) ORDER

No. 99-447C (J. Allegra)

THIS MATTER having come before this Court on Plaintiff's Unopposed Motion for Enlargement of Time, and the Court having reviewed the submissions of counsel and the record, it is hereby ORDERED, that the Plaintiff's Motion for Enlargement of Time is GRANTED. ORDERED this ___ day of _______________, 2004.

The Honorable Francis M. Allegra U.S. Court of Federal Claims Judge

Case 1:99-cv-00447-CFL

Document 196

Filed 05/26/2004

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COPIES TO: Richard J. Conway David M. Nadler Nicholas W. Mattia, Jr. Bradley D. Wine DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP 2101 L Street, N.W. Washington, D.C. 20037 (202) 785-9700 Neven Rabadjija, Esq. Associate General Counsel NSTAR Electric & Gas Corporation 800 Boylston Street 36th Floor Boston, MA 02199-0228 Attorneys for Plaintiff Stefan Shaibani U.S. Department of Justice Commercial Litigation Branch 1100 L Street, NW Attn: Classification Unit, 8th Floor Washington, DC 20530 Attorney for Defendant

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