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

Case 1:07-cv-00812-MCW

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Filed 08/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 07-812 T (Judge Mary Ellen Coster Williams) _____________________________________________ ENERGY EAST CORPORATION (Successor in Interest to Central Maine Power Company) (and Rochester Gas and Electric Corporation), Plaintiff v. THE UNITED STATES, Defendant ______________________________________________ _______________ ________________ JOINT MOTION FOR ENLARGEMENT OF TIME ________________

Plaintiff, Energy East Corporation, and defendant, United States of America, in accordance with Rules 6(b) and 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), respectfully move the Court (A) for an enlargement of 46 days, to and including October 13, 2008, within which to reply to defendant's (i) Request for Admissions from Plaintiff, (ii) First Set of Interrogatories for Plaintiff and (iii) First Set of Requests for the Production of Documents for Plaintiff, and (B) for enlargements of the dates set forth in the Court's Scheduling Order of May 30, 2008, of (i) 32 days (to and including October 31, 2008) to conclude fact discovery, (ii) 60 days (to and including January 30, 2009) to file cross-motions for summary judgment, and (iii) 28 days (to and

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Case 1:07-cv-00812-MCW

Document 12

Filed 08/25/2008

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including February 27, 2009) to file responses to the cross-motions for summary judgment. This is the first enlargement requested for this purpose. As good cause therefore, plaintiff states that in this case, partly as the result of the complexity of plaintiff's corporate structure, its series of corporate acquisitions and reorganizations, and in large part due to the breadth and detail of defendant's requests, the task of assembling the information necessary to respond to defendant's requests has proved more time consuming than counsel anticipated. Further, key people on both plaintiff's staff and plaintiff's attorney's staff have been unavailable during the month of August. In order to collect the information necessary to respond to defendant's requests, draft appropriate responses to said requests and consult with plaintiff, and adequately consider the information produced in preparing their respective motions for summary judgment, plaintiff's and defendant's attorneys have determined that additional time is necessary.

WHEREFORE, plaintiff and defendant respectfully request that the motion for enlargement of time be granted.

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Case 1:07-cv-00812-MCW

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Filed 08/25/2008

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Respectfully submitted,

August 25, 2008

s/Joseph M. Persinger Joseph M. Persinger Attorney of Record Milbank, Tweed, Hadley & McCloy LLP One Chase Manhattan Plaza New York, New York 10005 Voice: (212) 530-5072 Fax: (212) 822-5072 Email: [email protected] Attorney for Plaintiff /s/Jeffrey R. Malo Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, DC 20044 Voice: (202) 305-7539 Fax: (202) 514-9440 Email: [email protected] Attorney for Defendant

NY2:#4802437

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