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

Case 1:08-cv-00072-TCW

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Electronically Filed August 12, 2008 IN THE UNITED STATES COURT OF FEDERAL CLAIMS HOOPA VALLEY TRIBE, on its own behalf, and in ) its capacity as parens patriae on behalf of its members; ) Elton Baldy; Oscar Billings; Benjamin Branham, Jr.; ) Lila Carpenter; William F. Carpenter, Jr.; Margaret ) Mattz Dickson; Freedom Jackson; William J. ) Jarnaghan, Sr.; Joseph LeMieux; Clifford Lyle ) Marshall; Leonard Masten, Jr.; Danielle Vigil-Masten, ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) Case No. 08-72 L Judge Thomas C. Wheeler

HOOPA PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION Pursuant to RCFC 6.1, Hoopa Plaintiffs hereby move for an extension of time of 21 days, to and including September 12, 2008, to file their combined response to Defendant's Combined Motion to Dismiss, or in the Alternative for Summary Judgment, and reply regarding Plaintiffs' Motion for Partial Summary Judgment on Question of Breach of Trust Responsibility. Plaintiffs' response and reply are currently due August 22, 2008. In support of this motion, Plaintiffs state as follows: 1. 2. On February 1, 2008, Plaintiffs filed the Complaint in this Court. On March 27, 2008, this Court granted Defendant's motion for an extension of

time to answer or otherwise respond to Plaintiffs' Complaint, making Defendant's answer or other response due on June 2, 2008. 3. On April 2, 2008, Plaintiffs filed their Motion for Partial Summary Judgment on

Question of Breach of Trust Responsibility.

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4.

On May 2, 2008, the Court denied Defendant's motion for a stay, making

Defendant's Response to Plaintiffs' Motion for Partial Summary Judgment on Question of Breach of Trust Responsibility due on June 2, 2008. 5. On May 22, 2008, this Court granted Defendant's Unopposed Motion for

Enlargement of Time making Defendant's Response to Plaintiffs' Complaint and Motion for Partial Summary Judgment due on July 8, 2008. 6. On June 26, 2008, this Court granted Defendant's Unopposed Motion for an

enlargement of time making Defendant's responses due on July 22, 2008. 7. On July 22, 2008, Defendant filed its combined Motion to Dismiss, or in the

Alternative for Summary Judgment, and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment. 8. Hoopa Plaintiffs are in need of additional time to complete their response to

Defendant's combined motion and reply in support of their motion for partial summary judgment. Both Mr. Rob Roy Smith, of counsel to Hoopa Plaintiffs and Nina Cordova, legal assistant for the undersigned counsel, will be out of the office during all or parts of the weeks of August 18 and August 25, making completion of Hoopa Plaintiffs' papers difficult. In addition, undersigned counsel and Mr. Smith are speakers and participants at the 21st Annual University of Washington Indian Law Symposium, September 4-5, 2008. 9. On August 12, 2008, undersigned counsel consulted with Ms. Sara E. Costello,

counsel for Defendant, who stated that Defendant has no opposition to this motion. WHEREFORE, Hoopa Plaintiffs respectfully request that this motion be GRANTED.

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Respectfully submitted this 12th day of August, 2008.

s/ Thomas P. Schlosser____________________ Thomas P. Schlosser, Attorney of Record MORISSET, SCHLOSSER, JOZWIAK & McGAW 801 Second Avenue, Suite 1115 Seattle, WA 98104-1509 Tel: (206) 386-5200 Fax: (206) 386-7322 [email protected] Of Counsel: Rob Roy Smith, Attorney ATER WYNNE, LLP 601 Union Street, Suite 1501 Seattle, WA 98101-3981 Tel: (206) 623-4711 Fax: (206) 467-8406 [email protected] Attorneys for the Plaintiff Hoopa Valley Tribe, et al.

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CERTIFICATE OF SERVICE

I hereby certify that on August 1, 2008, a copy of, Hoopa Plaintiff's Unopposed Motion for Extension, was electronically sent via the CM/ECF system by the United States Court of Federal Claims on the following party: Sara E. Costello Email: [email protected] Devon Lehman McCune Email: [email protected]

s/ Thomas P. Schlosser____________________ Thomas P. Schlosser, Attorney of Record MORISSET, SCHLOSSER, JOZWIAK & McGAW 801 Second Avenue, Suite 1115 Seattle, WA 98104-1509 Tel: (206) 386-5200 Fax: (206) 386-7322 [email protected]

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