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

Case 1:08-cv-00072-TCW

Document 30

Filed 09/16/2008

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiffs, ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________ )

HOOPA VALLEY TRIBE et al.,

Case No. 08-72 L Judge Thomas C. Wheeler

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION Pursuant to Fed. R. Civ. Pro. 6(b) and RCFC 6.1, Defendant, the United States of America, hereby moves for an extension of the deadlines until October 1, 2008 for filings its Reply in Support of Defendant's Motion to Dismiss, or in the Alternative for Summary Judgment. Defendant's Reply is currently due on September 22, 2008. In support of this motion, Defendant states as follows: 1. Plaintiffs Hoopa Valley Tribe and Individual Hoopa Tribal Members' (Plaintiffs)

filed their Response in Opposition to Defendant's Motion to Dismiss, or in the Alternative for Summary Judgment on September 10, 2008. 2. Defendant is in need of additional time to complete its Reply in Support of

Defendant's Motion to Dismiss, or in the Alternative for Summary Judgment. 3. Undersigned counsel needs additional time to complete this pleading, in part,

because she was required to file a Reply to Plaintiff's Post-Trial Memorandum in Lavetta Elk v. United States, Case No. 05-186 (Fed. Cl.) on September 12, 2008. In addition, undersigned counsel also has a number of upcoming pleading deadlines, including filing responses to Complaints in Central New York Fair Business Association, et al. v. Kempthorne, Case No. 08660 (N.D.N.Y.); Town of Verona, et al. v. Kempthorne, Case No. 08-647 (N.D.N.Y.); State of

Case 1:08-cv-00072-TCW

Document 30

Filed 09/16/2008

Page 2 of 4

New York, et al. v. Kempthorne, Case No. 08-644 (N.D.N.Y.). 4. Furthermore, agency counsel for the Department of the Interior was out of the

office during the majority of August, 2008 through September 12, 2008. The short extension of Defendant's deadline will allow counsel to complete the coordination necessary to finalize Defendant's Reply in Support of Defendant's Motion to Dismiss, or in the Alternative for Summary Judgment. 5. The undersigned counsel consulted with Mr. Thomas Schlosser, counsel for

Plaintiffs, who stated that Plaintiffs do not oppose this motion. WHEREFORE, Defendant respectfully requests that this motion be GRANTED. Submitted this 16th day of September, 2008.

RONALD J. TENPAS Assistant Attorney General

/s/ Sara E. Costello Sara E. Costello, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0466 (tel.) (202) 305-0267 (fax) [email protected] Devon Lehman McCune, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 -2-

Case 1:08-cv-00072-TCW

Document 30

Filed 09/16/2008

Page 3 of 4

(303) 844-1487 (tel.) (303) 844-1350 (fax) [email protected]

Attorneys for Defendant.

OF COUNSEL: SCOTT BERGSTROM Department of the Interior Office of the Solicitor

-3-

Case 1:08-cv-00072-TCW

Document 30

Filed 09/16/2008

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on September 16, 2008, I filed the foregoing DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties in this matter.

_________/s/ Sara E. Costello__ Sara E. Costello, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0466 (tel.) (202) 305-0267 (fax) [email protected]