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

Case 1:98-cv-00614-JFM

Document 253

Filed 11/19/2004

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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. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 98-614C (Senior Judge Merow)

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, defendant respectfully requests an enlargement of time of five days through and until November 24, 2004, to file its reply to the response to the defendant's cross-motion for summary judgment regarding pre-breach and future damages filed by plaintiffs, Southern Nuclear Operating Company, Alabama Power Company and Georgia Power Company. Defendant's reply is This is defendant's

currently due today, November 19, 2004.

second request for an enlargement of time for this purpose, the Court having granted a previous enlargement of 15 days. Counsel

for defendant left a message for plaintiffs' counsel regarding this enlargement on Thursday, November 18, 2004, but has not received a response regarding plaintiffs' position. The requested enlargement is necessary because other case commitments of Government counsel make it impossible for counsel to complete the Government's reply to plaintiff's response, obtain review of it and file it with the Court by the current

Case 1:98-cv-00614-JFM

Document 253

Filed 11/19/2004

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deadline.

Government counsel has been working to finish the

initial post-trial briefing in Yankee Atomic Electric Co. v. United States, No. 98-126C, which was filed yesterday, November 18, 2004. For the foregoing reasons, defendant respectfully requests that the Court grant the request for an enlargement of time of five days through and until November 24, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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

s/ Marian E. Sullivan MARIAN E. SULLIVAN 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) 307-0365 Fax: (202) 307-2503 November 19, 2004 Attorneys for Defendant

2

Case 1:98-cv-00614-JFM

Document 253

Filed 11/19/2004

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CERTIFICATE OF FILING I hereby certify that on this 19th day of November 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. the Court's system. Parties may access this filing through

s/Marian E. Sullivan