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

Case 1:98-cv-00614-JFM

Document 245

Filed 09/28/2004

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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 three days through and until October 1, 2004, to respond to the motion for an order regarding subsequent damages actions filed by plaintiffs, Southern Nuclear Operating Company, Alabama Power Company and Georgia Power Company. Defendant's response is This is defendant's

currently due today, September 28, 2004.

second request for an enlargement of time for this purpose, the Court having previously granted the Government an enlargement of eight days. Plaintiffs' counsel has represented that plaintiffs

do not oppose this request for an enlargement. The requested enlargement is necessary because, although the Government has been working diligently upon the Government's response, we have discovered that we had a misunderstanding regarding the nature of the relief that the plaintiffs sought through their motion. Upon discovering the potential error,

Government counsel discussed the motion with plaintiffs' counsel

Case 1:98-cv-00614-JFM

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to gain a better understanding of the relief sought by plaintiffs, which has assisted us in focusing our response. Government counsel requires an additional three days to complete the response and obtain the necessary supervisory reviews. For the foregoing reasons, defendant respectfully requests that the Court grant the request for an enlargement of time of three days through and until October 1, 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 September 28, 2004 Attorneys for Defendant

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Case 1:98-cv-00614-JFM

Document 245

Filed 09/28/2004

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CERTIFICATE OF FILING I hereby certify that on this 28th day of September 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