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

Case 1:98-cv-00614-JFM

Document 251

Filed 11/03/2004

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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 UNOPPOSED 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 fifteen days through and until November 19, 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. currently due November 4, 2004. Defendant's reply is

This is defendant's first Plaintiffs'

request for an enlargement of time for this purpose.

counsel has represented that plaintiffs do not oppose this request for an enlargement. 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 deadline. Government counsel has been working to finish the

initial post-trial briefing in Yankee Atomic Electric Co. v.

Case 1:98-cv-00614-JFM

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United States, No. 98-126C, currently due on November 8, 2004. In addition, counsel has been coordinating the Government's response to discovery requests pending in Sacramento Municipal Utility District v. United States, No. 98-488C, Boston Edison Co. v. United States, No. 99-447C, Tennessee Valley Authority v. United States, No. 01-249C, and South Carolina Electric & Gas Co. v. United States, No. 04-101C. For the foregoing reasons, defendant respectfully requests that the Court grant the request for an enlargement of time of fifteen days through and until November 19, 2004. 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

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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 3, 2004 Attorneys for Defendant

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Case 1:98-cv-00614-JFM

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CERTIFICATE OF FILING I hereby certify that on this 3rd day of November 2004, a copy of foregoing "DEFENDANT'S UNOPPOSED 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. filing through the Court's system. Parties may access this

s/Marian E. Sullivan