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

Case 1:89-cv-00218-EJD

Document 145

Filed 03/24/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Consolidated Case No. 89-218 L ___________________________________________ THE CHEROKEE NATION OF OKLAHOMA, ) ) Plaintiff, ) ) ) PATTON BOGGS, ) ) ) Plaintiff-Intervenor, ) ) ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________________) ___________________________________________ THE CHOCTAW NATION OF OKLAHOMA ) AND THE CHICKASAW NATION, ) ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant, ) __________________________________________ )

No. 89-218 L

Chief Judge Edward Damich

No. 89-630 L

DEFENDANT'S MOTION FOR ENLARGEMENTS OF TIME TO FILE REPLY TO PATTON BOGGS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND OPPOSITION TO PATTON BOGGS' CROSS-MOTION FOR SUMMARY JUDGMENT Defendant hereby moves for an enlargement of time: (1) of twenty-one days from April 3, 2006 to, and including, April 24, 2006, in which to file its reply to Patton Boggs' response to the

Case 1:89-cv-00218-EJD

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Defendant's Motion to Dismiss, or, in the Alternative, for Summary Judgment; and (2) an enlargement of time of twenty-one days from April 17, 2006 to, and including, May 8, 2006 to file its opposition to Patton Boggs' Cross-motion for Summary Judgment. In support of this motion, defendant states as follows: 1. On March 20, 2006, Patton Boggs filed its opposition to Defendant's Motion to Dismiss, or, in the Alternative, for Summary Judgment. It also filed a Cross-Motion for Summary Judgment and Proposed Findings of Uncontroverted Fact in support of the CrossMotion; 2. Under RCFC 7.1, the Defendant's reply to Patton Boggs' Opposition to Defendant's Motion to Dismiss is due to be filed on April 3, 2006; 3. Under RCFC 7.1, the Defendant's opposition to Patton Boggs' Cross-Motion for Summary Judgment is due to be filed on April 17, 2006; 4. Defendant's counsel will be out of the office from March 27, 2006 through April 7, 2006; from April 17, 2005 through April 21, 2006; and from April 30, 2006 through May 5, 2006 preparing for/defending and taking expert witness depositions in another case. 5. Patton Boggs' attorney of record, David Panzer, authorizes defendant's counsel to state that Patton Boggs does not oppose this motion. Defendant understands that Patton Boggs desires to have two weeks after the last filing by either the Cherokee Nation or the defendant to file one joint reply addressed to the separate opposition briefs of the Cherokee Nation and the government to Patton Boggs' Cross-Motion for Summary Judgment. The undersigned checked

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Case 1:89-cv-00218-EJD

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with counsel for the Cherokee Nation to determine if this arrangement was acceptable to the Nation and was informed that it was acceptable. This is the first request for enlargements of time which the defendant has requested with respect to these reply and opposition briefs.

Dated this 24th day of March, 2006.

s/James M. Upton____ JAMES M. UPTON U. S. Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel. (202) 305-0482 Tel. (202) 305-0506 Attorney of Record for Defendant

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Case 1:89-cv-00218-EJD

Document 145

Filed 03/24/2006

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