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

Case 1:98-cv-00621-ECH

Document 347

Filed 06/28/2004

Page 1 of 4

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

No. 98-621C (Into which has been consolidated No. 04-103C) (Judge Hewitt)

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING PLAINTIFFS' RECOVERY OF FUTURE OR PROSPECTIVE DAMAGES Plaintiffs Exelon Generation Company, LLC and Commonwealth Edison Company (collectively "Exelon" or the "Plaintiffs"), pursuant to RCFC 6.1, respectfully move this Court for an extension of the time for Exelon to file its response to the Government's Motion For Partial Summary Judgment Regarding Plaintiffs' Recovery Of Future Or Prospective Damages 14 days from July 6, 2004 to July 20, 2004. In support of this motion, Plaintiffs states as follows: 1. On June 2, 2004, the Government filed a Motion For Partial Summary Judgment

Regarding Plaintiffs' Recovery Of Future Or Prospective Damages. Plaintiffs' response to the Government's motion is currently due on July 6, 2004. 2. Plaintiffs' counsel requests an additional fourteen days, through July 20, 2004, to

file Plaintiffs' response to the Government's Motion. Plaintiffs make this request because counsel has been required to devote substantial time since June 2nd to expert discovery and related discovery. In particular, between June 2 and June 23, Counsel has defended the depositions of three of Plaintiffs' expert witnesses, which included multiple-day depositions of two of the witnesses, as well the deposition of one additional fact witness that Exelon agreed to

Case 1:98-cv-00621-ECH

Document 347

Filed 06/28/2004

Page 2 of 4

make available. In addition, Counsel filed on June 14 a supplemental memorandum regarding the motion to compel Holtec International in response to this Court's order of June 1. This extension will permit counsel to prepare its response to the Government's Motion, as well as the documents accompanying the summary judgment responses required by RCFC 56(h) and appendix called for by RCFC 5.2(a). 3. Counsel for Plaintiffs has spoken to counsel for the Government, who has stated

that the Government has no objection to a 14-day extension. 4. Plaintiffs have not previously sought an extension of time to respond to the

Government's Motion. 5. Plaintiffs therefore respectfully request that this Court extend the time for

plaintiffs to file their response to the Government's Motion For Partial Summary Judgment Regarding Plaintiffs' Recovery Of Future Or Prospective Damages to July 20, 2004. Dated: June 28, 2004 Respectfully submitted, By: s/ David A. Handzo (by /s Christopher Tompkins) DAVID A. HANDZO Jenner & Block LLP 601 Thirteenth Street, N.W. Suite 1200 South Washington, D.C. 20005 (202) 639-6000 telephone (202) 639-6066 fax COUNSEL FOR PLAINTIFFS EXELON GENERATION COMPANY LLC and COMMONWEALTH EDISON COMPANY, on their own behalf and on behalf of MidAmerican Energy Company, successor-in-interest to IowaIllinois Gas and Electric Company

2

Case 1:98-cv-00621-ECH

Document 347

Filed 06/28/2004

Page 3 of 4

Of Counsel: Donald R. Cassling Norman M. Hirsch David Jiménez-Ekman Christopher Tompkins Jenner & Block LLP One IBM Plaza Chicago, IL 60611 (312) 222-9350 Thomas S. O'Neill Exelon Nuclear Cornerstone II 5th Floor 4300 Winfield Road Warrenville, IL 60555 (630) 657-3770

3

Case 1:98-cv-00621-ECH

Document 347

Filed 06/28/2004

Page 4 of 4

Certificate of Filing & Certificate of Service I hereby certify that on this 28th day of June, 2004, a copy of the foregoing "Motion For Extension Of Time To Respond To Defendant's Motion For Partial Summary Judgment Regarding Plaintiffs' Recovery Of Future Or Prospective Damages" 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/ Christopher Tompkins Christopher Tompkins