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

Case 1:00-cv-00697-JFM

Document 304

Filed 03/12/2007

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 14 days, to and including Monday, March 26, 2007, within which to file its reply to "Plaintiff's Response To Defendant's Motion To Strike Plaintiff's Notice Of Deposition And Trial Testimony Designations And, In The Alternative, Motion In Limine To Preclude Reliance Upon Those Designations As Substantive Evidence Pursuant To RCFC 32(a) and Federal Rule of Evidence 801(d)(2)." Defendant's reply is currently due today, Monday March 12, 2007. This is defendant's first request for an enlargement of time for this purpose. Counsel for plaintiff has represented that plaintiff, Wisconsin Electric Power Company ("WEPCO"), does not oppose this motion, but will oppose any further enlargement. The requested enlargement is necessary because the attorney working on this reply has had to devote substantial time during the reply period to the trial in System Fuels, Inc. v. United States, 03-2623C (Fed. Cl.), in which plaintiff completed its case on March 1, 2007, with the trial not scheduled to resume until April 12, 2007. In addition, counsel is involved in the effort to comply with an extremely broad discovery order in Dairyland Power Cooperative v. United States, No. 04-106C (Fed. Cl.), which is requiring the review of more than 50,000 documents to

Case 1:00-cv-00697-JFM

Document 304

Filed 03/12/2007

Page 2 of 3

determine if they are responsive to pending requests and whether they are privileged. The requested enlargement is necessary to allow counsel sufficient time to reply fully and properly to plaintiff's response. For the foregoing reasons, we respectfully request that the Court grant this motion for an enlargement of time of 14 days through and including March 26, 2007. Respectfully submitted, PETER D. KEISLER 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

MARIAN E. SULLIVAN RUSSELL A. SHULTIS SONIA M. ORFIELD Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 353-7955 Fax: (202) 307-2503 Attorneys for Defendant

March 12, 2007

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Case 1:00-cv-00697-JFM

Document 304

Filed 03/12/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that on March 12, 2007, 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/ Marian E. Sullivan