Free Status Report - District Court of Federal Claims - federal

Case 1:88-cv-00508-EGB

Document 85

Filed 08/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

THE NAVAJO NATION,

No. 1:88-cv-508 Senior Judge Eric G. Bruggink

JOINT STATUS REPORT On April 2, 2001, the Court issued an Order in which it directed the parties to file a status report on or before July 31, 2001 and every 120 days thereafter, advising the Court as to the status of the litigation in Masayesva v. Zah, 65 F.3d 1445 (9th Cir. 1995), cert. denied, 517 U.S. 1168 (1996) ("1934 Litigation"). Pursuant to that Order, the following status report is hereby submitted: 1. As the Court is aware, the parties' prior status reports discussed in detail the status

of the 1934 Litigation. The 1934 Litigation remains pending before the district court in Arizona on remand from the Ninth Circuit Court of Appeals regarding the Hopi Tribe's claims to approximately one-half of the Bennett Freeze area based upon religious use. 2. On April 26, 2002, the district court signed the order granting the parties' motion

for mediation. The Navajo Nation and the Hopi Tribe have attended several mediation sessions and mediation remains ongoing. To date, the remaining issues in the 1934 Litigation have not been resolved.

Case 1:88-cv-00508-EGB

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3.

While the Navajo Nation and the United States await resolution of the 1934

Litigation, they are currently conducting informal discovery. In addition, the parties are working with their experts in anticipation of resolving some or all of the disputed issues among themselves. 4. Pursuant to the Court's April 2, 2001 Order, the parties will advise the Court with

respect to the status of the 1934 Litigation on or before December 29, 2006. However, if during the interim the district court issues its order with respect to the 1934 Litigation or the parties resolve the matter through mediation, the Navajo Nation and the United States shall file a status report proposing scheduling for further proceedings in this action within 30 days after the conclusion of the 1934 Litigation. 5. The undersigned counsel for the Nation has been authorized by counsel for the

United States to indicate they concur in this report. Dated: August 31, 2006 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 /s/ Bruce R. Greene By:_________________________________ Bruce R. Greene 2

Case 1:88-cv-00508-EGB

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CERTIFICATE OF SERVICE I hereby certify that on August 31, 2006, I electronically filed the foregoing Joint Status Report with the Clerk of the Court using the CM/ECF system, which will generate and transmit a notice of electronic filing to the following: William J. Shapiro [email protected]

/s/ D.A. Vitale ________________________________

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