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

Case 1:00-cv-00697-JFM

Document 400

Filed 05/21/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-697C (Senior Judge Merow)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME 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 34 days, from May 21, 2008, to and including Tuesday, June 24, 2008, for the parties to confer regarding mutually convenient dates for oral argument and to notify the Court of the proposed dates. This is the first enlargement that the Government has sought for this purpose. Plaintiff, Wisconsin Electric Power Company ("WEPCO") previously sought an unopposed enlargement of 30 days for the same purpose. Counsel for plaintiff, Donald Carney, has represented that plaintiff, WEPCO, does not oppose this motion. On May 9, 2008, the Court granted WEPCO's request for an enlargement within which to submit its post-trial reply brief, responses to defendant's findings of fact, and counterdesignations of deposition or trial testimony, if any. Those briefs are now due on June 17, 2008. Defendant requests this corresponding enlargement to provide the Court with dates for oral argument so that the parties may ensure that briefing in the case is complete and to provide for additional time to confer on potential dates for oral argument. Under the circumstances, the Government requests an enlargement.

Case 1:00-cv-00697-JFM

Document 400

Filed 05/21/2008

Page 2 of 3

For these reasons, we respectfully request that the Court grant this motion for an enlargement of time. Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General

JEANNE E. DAVIDSON 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 ALAN LO RE Senior Trial Attorney STEPHEN FINN RUSSELL A. SHULTIS SONIA M. ORFIELD Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice

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

s/ Sharon A. Snyder SHARON A. SNYDER 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) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant

May 21, 2008

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Case 1:00-cv-00697-JFM

Document 400

Filed 05/21/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on May 21, 2008, a copy of this "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. Parties may access this filing through the Court's system.

s/ Sharon A. Snyder