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

Case 1:98-cv-00621-ECH

Document 299

Filed 04/12/2004

Page 1 of 3

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

No. 98-621C (Judge Hewitt)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME OF ONE DAY Defendant, the United States, respectfully requests that the Court grant an enlargement of one day, to and including April 13, 2004, for defendant to file its reply to Holtec International's and plaintiff's responses to the Government's motion to compel production of documents from Holtec International ("Holtec"). Defendant's response is currently due to be filed today, April 12, 2004. We have not previously requested an enlargement of time for this purpose. Counsel for plaintiff, Norman Hirsch, has represented that plaintiff, Commonwealth Edison Company, does not oppose this motion. We left a message for counsel for Holtec, Laurence Stourch, regarding this motion, who was unavailable when we attempted to reach him. Counsel for defendant has prepared a draft of defendant's reply, which contains some material protected by the protective order issued in this case. Unfortunately, we misunderstood some of the requirements regarding the filing of documents under seal in the Electronic Case Filing ("ECF") system and, as a result, wasted some effort today in preparing to file our reply in a manner inconsistent with the ECF. Unfortunately, we now need to perform much of the effort involved in developing our appendix again, but much of the staff necessary to support this effort had left work for the day when we discovered our error. We request that we be permitted an

Case 1:98-cv-00621-ECH

Document 299

Filed 04/12/2004

Page 2 of 3

extra day to reconduct that work. Further, we are still attempting to determine the most appropriate means of providing a copy of our reply to counsel for Holtec, who, to our knowledge, is not admitted under the protective order. It appears that we will need to provide counsel for Holtec with a redacted copy of our reply, but we need an extra day to perform these redactions. For the reasons stated herein, defendant respectfully requests that the Court grant defendant's motion for a one-day 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

OF COUNSEL: MARTHA CROSLAND JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 SHARON A. SNYDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 April 12, 2004

Attorneys for Defendant CERTIFICATE OF FILING

Case 1:98-cv-00621-ECH

Document 299

Filed 04/12/2004

Page 3 of 3

I hereby certify that on this 12th day of April, 2004, a copy of foregoing "DEFENDANT'S 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.