Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:01-cv-00254-BAF

Document 114

Filed 02/15/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONSOLIDATION COAL COMPANY, ET AL., Plaintiffs, v. UNITED STATES, Defendant. _________________________________________ WELLMORE ENERGY CO., LLC, Plaintiff, v. UNITED STATES, Defendant. PLAINTIFFS' UNOPPOSED MOTION TO AMEND SCHEDULING ORDER On December 19, 2007, the Court issued a scheduling order regarding the briefing of damages issues for the remaining four test plaintiffs, Consol of Pennsylvania Coal Company, Eastern Associated Coal Corporation, Kingston Resources, Inc. and Pioneer Fuel Corporation. Plaintiffs respectfully request that the scheduling order be amended to afford them an additional thirty days in which to file their motion for summary judgment, which would also move back, by thirty days, the deadlines for the Government's response brief/cross-motion for summary judgment and the parties' respective reply briefs. The new briefing schedule would be as follows: No. 01-442C Judge Futey No. 01-254C Judge Futey

Case 1:01-cv-00254-BAF

Document 114

Filed 02/15/2008

Page 2 of 3

Pleading Plaintiff's Motion for Summary Judgment Defendant's Response/Cross-Motion Plaintiff's Reply Defendant's Reply

Deadline April 2, 2008 May 2, 2008 May 23, 2008 June 13, 2008

Plaintiffs' counsel has consulted with Tara K. Hogan, Esq., counsel for the Government, and with John Y. Merrell, Esq., counsel for Plaintiff Wellmore Energy Co., LLC, who have stated that they do not oppose this motion. Wherefore, Plaintiffs respectfully request that their motion be granted. Respectfully submitted,

/s/ Steven H. Becker STEVEN H. BECKER PAUL A. HOROWITZ SUZANNE I. OFFERMAN Baker & McKenzie LLP 1114 Avenue of the Americas New York, New York 10036 Dated: February 15, 2008

2

Case 1:01-cv-00254-BAF

Document 114

Filed 02/15/2008

Page 3 of 3

CERTIFICATE OF SERVICE I, Melanie Hable, certify that I am a paralegal with the law firm of Baker & McKenzie, LLP, located at 1114 Avenue of the Americas, New York, N.Y. 10036, and that Baker & McKenzie represents Plaintiffs Consolidation Coal Company, et al., and further certify that on February 15, 2008, I caused to be served by first class mail, postage prepaid, the attached "Plaintiffs' Unopposed Motion to Amend Scheduling Order," on Tara Hogan, Esq., Defendant's counsel of record, and John Merrell, Esq., Plaintiff Wellmore Energy Co., LLC's, counsel of record, addressed as follows: Tara K. Hogan, Esq. U.S. Department of Justice Commercial Litigation Branch-Civil Division 1100 L Street, NW Room 12106 Washington, DC 20530 John Merrell Merrell & Merrell P.C. 1477 Chain Bridge Road Suite 101 P.O. Box 1111 McLean, VA 22101

/s/ Melanie Hable Melanie Hable Dated: February 15, 2008