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

Case 1:98-cv-00614-JFM

Document 305

Filed 09/20/2005

Page 1 of 3

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 A BRIEF ENLARGEMENT OF TIME TO FILE ITS PRETRIAL MEMORANDUM OF CONTENTIONS OF FACT AND LAW Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests a brief five-day enlargement of time, to and including Wednesday, September 28, 2005, for the Government to file its pretrial memorandum of contentions of fact and law. The current deadline for the filing of the Government's pretrial brief is set for September 23, 2005. Based upon the representation that the Government will not seek additional enlargements, counsel for plaintiffs, M. Stanford Blanton, has represented that the plaintiffs do not oppose this motion. The instant motion is necessitated by a variety of issues. First, based upon the decision in Indiana Michigan Power Co. v. United States, 04-5122 (Fed. Cir. Sept. 9, 2005), and this Court's order dated September 16, 2005, that followed from the Federal Circuit's decision, the Government's pretrial memorandum and strategy require modification to account for the limitation in damages through December 31, 2004. Since there are certain cost categories that are implicated by these two decisions, additional time is needed to determine the Government's position upon these cost categories. Second, additional time is needed to complete the internal review and approval of the Government's pretrial brief. Finally, the attorneys involved in the

Case 1:98-cv-00614-JFM

Document 305

Filed 09/20/2005

Page 2 of 3

preparation of the pretrial brief in this case also have been actively engaged in discovery matters relating to Pacific Gas & Electric Co. v. United States, 04-0074C, that have effected the preparation of the pretrial memorandum. The requested enlargement will not affect any of the other deadlines set by the Court for pretrial activities. For the foregoing reasons, we respectfully request that the Court grant this request for a five-day enlargement of time. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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 HEIDE L. HERRMANN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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

September 20, 2005

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Case 1:98-cv-00614-JFM

Document 305

Filed 09/20/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 20th day of September, 2005, a copy of foregoing "DEFENDANT'S MOTION FOR A BRIEF ENLARGEMENT OF TIME TO FILE ITS PRETRIAL MEMORANDUM OF CONTENTIONS OF FACT AND LAW " 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