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

Case 1:98-cv-00621-ECH

Document 290

Filed 03/17/2004

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 UNOPPOSED MOTION TO TAKE TWO DEPOSITIONS OUTSIDE OF FACT DISCOVERY PERIOD Pursuant to RCFC 29, and by prior agreement of the parties, defendant, the United States, respectfully requests leave of the Court to take two depositions outside of the fact discovery period, which concluded on March 12, 2004. Counsel for plaintiff has represented that plaintiff, Commonwealth Edison Company ("ComEd"), has no objection to this motion or the requested relief. By order dated February 9, 2004, fact discovery concluded on March 12, 2004. Prior to that deadline, the parties had scheduled the depositions of Robert Dvorak and Michael Mikota, current Exelon Corporation employees, to be conducted in Chicago, Illinois, on March 10 and 11, 2004, respectively. However, the attorney for Commonwealth Edison who was scheduled to defend the deposition of Mr. Mikota had previously informed counsel for defendant that his wife was expecting a baby at any time. Because that event was imminent, defendant suggested that rescheduling both depositions would be prudent to preclude the possibility that the deposition would have to be cancelled or postponed after counsel for defendant had already travelled to Chicago if counsel for plaintiff was called away because of his wife's condition. Plaintiff's counsel did not object. Rescheduling the depositions will not affect any other currently

Case 1:98-cv-00621-ECH

Document 290

Filed 03/17/2004

Page 2 of 3

scheduled deadlines contained in the Court's scheduling order of July 22, 2003. Those depositions are now tentatively scheduled for March 23 and 24, 2004. For the reasons stated herein, defendant respectfully requests that the Court grant defendant's motion to take these two depositions outside of the fact discovery period. 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) 307-6288

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 March 17, 2004

Attorneys for Defendant

Case 1:98-cv-00621-ECH

Document 290

Filed 03/17/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 17th day of March, 2004, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION TO TAKE TWO DEPOSITIONS OUTSIDE OF FACT DISCOVERY PERIOD" 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.