Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:07-cv-00002-SGB

Document 20

Filed 02/27/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PAWNEE NATION OF OKLAHOMA, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-CV-00002-L Judge Susan G. Braden

MOTION TO DISMISS Comes now Pawnee Nation of Oklahoma, by and through John E. Parris, Attorney General of the Pawnee Nation of Oklahoma, respectfully moves the Court to dismiss this case without prejudice pursuant to RCFC 41(a)(2). The reason for the dismissal of this case is that there is currently pending in the District Court for the District of Columbia a case involving 12 tribes, including plaintiff herein, against essentially the same defendant and the same claims. Case No. 06-CV-02239. That case is anticipated to be certified as a class action and in any event is agreed by the parties herein to be a more efficient resolution of these claims. In the event that the District Court for the District of Columbia finds that it lacks jurisdiction to hear any of plaintiff's claims currently pending in that court, plaintiff wishes to preserve its right to transfer that case to this court pursuant to 28 U.S.C. §1631. The basis for filing this Motion pursuant to RCFC 41(a)(2) is that while this case could be dismissed pursuant to RCFC 41(a)(1)(ii) there is a possibility that such a dismissal could be construed as an adjudication upon the merits because previous counsel had filed and dismissed a similar case in the Eastern District of Oklahoma, No. 07-CV-003. Page 1 of 2

Case 1:07-cv-00002-SGB

Document 20

Filed 02/27/2008

Page 2 of 2

Plaintiff has consulted with counsel for Defendant and reports that Defendant has no objection to this motion. WHEREFORE, John E. Parris, Attorney General of the Pawnee Nation, respectfully requests that the Court order that this case be dismissed without prejudice. Dated this 27th day of February, 2008.

s/ John E. Parris John E. Parris Attorney General of the Pawnee Nation PO Box 470 Pawnee OK 74058 (918) 938-6180 Cell (918) 931-8928 [email protected] Attorney for the Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 27th day of February, 2008, I electronically transmitted the attached document to the Clerk of U.S. Court of Federal Claims using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Anthony P. Hoang United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Terry M. Petrie Environment and Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 /s John E. Parris

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