Free Order on Motion to Summon Third Party - District Court of Federal Claims - federal


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Date: August 26, 2008
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State: federal
Category: District
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Case 1:08-cv-00072-TCW

Document 26-2

Filed 08/25/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 08-72L (Filed: August 25, 2008) ******************************************** * * HOOPA VALLEY TRIBE, et al., * * Plaintiffs, * * v. * * THE UNITED STATES, * * Defendant. * * ******************************************** * ORDER On July 22, 2008, Defendant filed a Motion for Issuance of Summons to Third Party pursuant to Rule 14(a) requesting the Court to authorize a summons to the following entity: Yurok Tribe 190 Klamath Boulevard Klamath, California 95548 c/o: Maria Tripp, Chairperson of the Yurok Tribal Council 190 Klamath Boulevard Klamath, California 95548 John Corbett, Senior Attorney of the Yurok Tribe 190 Klamath Boulevard Klamath, California 95548 Jonathan L. Abram Hogan & Hartson Columbia Square 555 Thirteenth Street, NW Washington, DC 20004

Case 1:08-cv-00072-TCW

Document 26-2

Filed 08/25/2008

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Plaintiffs oppose Defendant's motion as premature and not yet ripe. For good cause shown, Defendant's Motion for Issuance of Summons to Third Party is hereby GRANTED. Pursuant to Rule 14(a)(3), the Clerk of the Court shall issue an original and one copy of the summons, for each person to be summoned listed above. The summons shall contain the names of the parties and a statement that the summoned party is required to appear and answer within 42 days from the date of service. The summons shall state that the United States is asserting a claim against such person, as described in the accompanying pleading of the United States. The summons shall indicate that it is accompanied by a copy of the pleadings, which shall be attached by the Defendant in accord with Rule14(a)(3). Upon issuance of the summons, the Clerk shall deliver the summons to the Attorney General for personal service, and the return of such service shall be made directly to the Clerk. IT IS SO ORDERED. s/ Thomas C. Wheeler THOMAS C. WHEELER Judge

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