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

Case 1:98-cv-00614-JFM

Document 338

Filed 05/19/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN NUCLEAR OPERATING COMPANY; ALABAMA POWER COMPANY; and GEORGIA POWER COMPANY, Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 98-614C (Senior Judge Merow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE ITS POST-TRIAL BRIEF 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 three days, to and including May 22, 2006, in which to file its post-trial brief. Our post-trial brief currently is due on May 19, 2006. The Court previously granted the Government an enlargement of time of 21 days for this purpose. Counsel for plaintiffs, M. Stanford Blanton, has represented that the plaintiffs do not oppose this motion. The instant motion is precipitated by the time needed to complete the Government's internal review of its post-trial brief, complete the citations to the record and applicable case law, and finalize the necessary tables. As the Court may be aware, counsel for the Government in this case is also preparing for a trial in another spent nuclear fuel case, Pacific Gas & Electric Co. v. United States, Nos. 04-0074C & 04-0075C (Fed. Cl.), which is scheduled to begin on June 5, 2006. Counsel has been required to respond during the past week to a number of motions in limine that the plaintiff filed in that case, to file briefing on the admissibility of many of the exhibits that the plaintiff in that case has proposed, and to review and modify the Government's exhibit lists for filing no later than today in anticipation of a pre-trial conference scheduled for

Case 1:98-cv-00614-JFM

Document 338

Filed 05/19/2006

Page 2 of 4

May 23, 2006, during which all of the parties' objections to exhibits will be reviewed and discussed. With all of the work required in the PG&E case, and despite our best efforts, we have been unable to complete the process of finalizing the post-trial brief in this case, including necessary reviews of the brief. To permit us an opportunity to complete that process, we respectfully request that the Court grant us an additional three days to complete and file our post-trial brief. The requested enlargement will not affect the closing arguments, currently scheduled for July 11, 2006. For the foregoing reasons, we respectfully request that the Court grant this request for an enlargement through and including May 22, 2006. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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Case 1:98-cv-00614-JFM

Document 338

Filed 05/19/2006

Page 3 of 4

OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 STEPHEN FINN JOSHUA GARDNER HEIDE L. HERRMANN MARIAN E. SULLIVAN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 May 19, 2006 s/ John C. Ekman JOHN C. EKMAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 353-0897 Fax: (202) 307-2503

Attorneys for Defendant

Case 1:98-cv-00614-JFM

Document 338

Filed 05/19/2006

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 19th day of May, 2006, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME TO FILE ITS POST-TRIAL BRIEF" 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/ John C. Ekman

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