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

Case 1:98-cv-00154-JFM

Document 328

Filed 10/08/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONNECTICUT YANKEE ATOMIC ELECTRIC COMPANY, ) ) Plaintiff, ) ) v. ) No. 98-154C ) (Senior Judge Merow) THE UNITED STATES, ) ) Defendant. ) DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME1 Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time of two business days, to and including October 13, 2004, within which to file its reply to plaintiffs' response to the Government's motion for leave to file an amended answer and counterclaim, which the plaintiffs filed on September 24, 2004. Defendant's reply is currently due on Friday, October 8, 2004. We have not previously sought an enlargement of time for this purpose. Counsel for plaintiffs, Robert L. Shapiro, has represented that plaintiffs, Connecticut Yankee Atomic Power Company and Maine Yankee Atomic Power Company (collectively, "the Yankees"), do not oppose this motion. When counsel for defendant initially received the Yankees' response, he inadvertently did not properly calendar the due date for the Government's reply and did not realize his error until Wednesday, October 6, 2004. Further, since receiving the Yankees' response, counsel for defendant has been engaged in work relating to the development of the Government's post-trial briefing in this case, as well as discovery issues in Sacramento Municipal Utility District v.

The Government requests that this motion also be deemed applicable in Maine Yankee Atomic Power Co. v. United States, No. 98-474C.

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Case 1:98-cv-00154-JFM

Document 328

Filed 10/08/2004

Page 2 of 3

United States, No. 98-488C (Fed. Cl.), and Southern Nuclear Operating Co. v. United States, No. 98-614C (Fed. Cl.). Accordingly, he has had insufficient time to prepare a reply to the Yankees' response. However, he believes that, with an enlargement of two business days, he will be able to complete that reply. For the foregoing reasons, we respectfully request that the Court grant this request for an enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 307-2503 October 8, 2004 Attorneys for Defendant

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Case 1:98-cv-00154-JFM

Document 328

Filed 10/08/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 8th day of October, 2004, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME" 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.