Free Joint Status Report - District Court of Federal Claims - federal

Case 1:88-cv-00508-EGB

Document 92

Filed 07/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) v. ) ) THE UNITED STATES, ) ) Defendant, ) _________________________________________ )

THE NAVAJO NATION,

No. 508-88L Senior Judge Eric G. Bruggink

JOINT STATUS REPORT Pursuant to the parties' May 4, 2007 Joint Status Report, and the Court's July 10, 2007 Order, the parties submit the following report: 1. The parties are continuing to exchange documents that may be relevant to the

issues raised in this case. 2. Defendant recently advised the Plaintiff that there are additional documents

located in two or three different field offices that the Defendant intends to acquire and copy. Defendant anticipates being able to provide these documents to Plaintiff by the end of August. 3. Defendant also advised the Plaintiff that there are potentially relevant documents

located in a federal records repository in Lenexa, Kansas. The documents relating generally to the Navajo Nation are stored in over 4,500 boxes. In an attempt to narrow the number of boxes relevant to this matter, the Defendant has developed four different priorities. Based on that priority system, it appears that 67 boxes of documents are relevant to this matter. However, that number could be higher. 4. The parties will not know the exact number of documents remaining to be

reviewed until they have had an opportunity to review the boxes stored at Lenexa, Kansas.

Case 1:88-cv-00508-EGB

Document 92

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5.

Defendant is in the process of determining the most efficient way to permit

review of the documents stored at Lenexa, Kansas. Once this process has been determined, Defendant will notify Plaintiff to expedite the review of these documents. 6. Although the Defendant intends to expedite this process, at this point in time the

parties do not know how long it is going to take to gain access to the documents, review the documents and possibly copy the documents. 7. Once the parties have had an opportunity to review the documents, they will be in

a position to determine the most efficient way to proceed in this case. The parties agree that additional time is needed to fully discuss and explore the available options. 8. The parties propose submitting a further status report in this action as soon as they

have had a chance to review the documents and determine the most efficient way to proceed in this case but no later than October 22, 2007. Dated: July 23, 2007 Respectfully submitted, BRUCE R. GREENE M. CATHERINE CONDON Greene, Meyer & McElroy, P.C. 1007 Pearl St., Ste. 220 Boulder, Colorado 80302 (303) 442-2021 (phone) (303) 444-3490 (fax) PETER J. OSETEK 412 E. Huron Street Ann Arbor, Michigan 48104 (313) 995-4154 Counsel for the NAVAJO NATION By:__/s Peter J. Osetek

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Case 1:88-cv-00508-EGB

Document 92

Filed 07/23/2007

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WILLIAM J. SHAPIRO Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street, Suite 9-700 Sacramento, California 95814 (916) 930-2207 (phone) (916) 930-2210 (fax) EVAN PRITCHARD Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section 601 D Street, NW Washington, DC 20004 (202) 305-0203 (phone) (202) 305-0506 (fax) Counsel for the UNITED STATES OF AMERICA By: /s William J. Shapiro

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