Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:06-cv-00931-NBF

Document 14

Filed 03/20/2008

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE GROS VENTRE & ASSINIBOINE TRIBES BY AND THROUGH THE FORT BELKNAP INDIAN COMMUNITY COUNCIL, THE GOVERNING BODY OF THE FORT BELKNAP INDIAN COMMUNITY OF THE FORT BELKNAP INDIAN RESERVATION Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 06-931L-NBF

MOTION FOR EXTENSION OF TIME Plaintiffs respectfully make this motion for a fourteen (14) day extension of time within which for the parties to file a status of their negotiation efforts and a contemplated joint Motion regarding further scheduling in this matter. A proposed order is attached hereto as an exhibit. The grounds for this motion are as follows: 1. On or about March 28, 2007, this court granted the parties joint request for a stay of this litigation, to be effective through March 20, 2008. 2. That this action was taken, as the parties anticipated active participation in a settlement project for multiple tribes sponsored by the United States Department of Interior, Office of Historical Trust Accounting and administered through the Inter-Tribal Monitoring Association, in which plaintiffs are actively involved. 3. That this active effort has been ongoing and has produced information in support of possible settlement.

Case 1:06-cv-00931-NBF

Document 14

Filed 03/20/2008

Page 2 of 5

4. That counsel for the parties have discussed a procedure and proposal for proceeding in this litigation, and need additional time to receive concurrence therein from their respective clients. 5. That the undersigned needs additional time to complete filings with this court, as the press of separate, ongoing litigation has made it impossible to complete discussions with the plaintiffs to finalize filings before this court. 6. That additionally, the undersigned has discussed possible filings with John Martin, counsel of record for respondent, and he, similarly, has been unavailable this week to finalize filings, because of prior commitments in separate, ongoing litigation and negotiations. Mr. Martin was in specific agreement with this Motion and authorized the undersigned to represent his agreement therewith. 7. That the additional time will enable each party to finalize their filings in this matter and more fully explain their positions to this court. 8. The granting of this motion would serve the public interest by promoting judicial economy and conserving the parties' limited resources. Further, it would not cause any undue prejudice or harm to the rights and interests of the parties hereto. WHEREFORE, the Plaintiffs respectfully request that the motion for an extension of time for the parties to file a status of their negotiation efforts and a contemplated joint Motion regarding further scheduling in this matter be granted. Respectfully submitted this 20th day of March, 2008. s/ James L. Vogel________________ James L. Vogel, Attorney of Record for Plaintiffs Law Offices of James L. Vogel P.O. Box 525 Hardin, Montana 59034 Tel: 406-665-3900

Case 1:06-cv-00931-NBF

Document 14

Filed 03/20/2008

Page 3 of 5

Fax: 406-665-3901 CERTIFICATE OF SERVICE I hereby certify that on March 20, 2008, I served the foregoing Motion for Extension of Time by causing a full, true and correct copy thereof to be sent to the following persons by U.S. Mail, first class postage prepaid, as well as facsimile and email delivery in accordance with General Order No. 42A to: MATTHEW J. MCKEOWN ACTING ASSISTANT ATTORNEY GENERAL John H. Martin, Attorney of Record United States Department of Justice Environment and Natural Resources Division Natural Resources Section 1961 Stout Street, Eighth Floor Denver, CO 80294 TEL: (303) 844-1383 FAX: (303) 844-1350 Attorney of Record for Defendants [email protected] OF COUNSEL: 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 Tel: (202) 305-0241 Fax: (202) 353-2021 ELISABETH BRANDON Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON Office of Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227 Dated this 20th day of March, 2008. ____s/ James L. Vogel_________________________

Case 1:06-cv-00931-NBF

Document 14

Filed 03/20/2008

Page 4 of 5

JAMES L. VOGEL Attorney-At-Law P.O. Box 525 Highway 87, 1 Mile W. of Hardin Hardin, Montana 59034 Telephone (406)665-3900 Fax: (406)665-3901 Attorney for Plaintiff

Case 1:06-cv-00931-NBF

Document 14

Filed 03/20/2008

Page 5 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE GROS VENTRE & ASSINIBOINE TRIBES BY AND THROUGH THE FORT BELKNAP INDIAN COMMUNITY COUNCIL, THE GOVERNING BODY OF THE FORT BELKNAP INDIAN COMMUNITY OF THE FORT BELKNAP INDIAN RESERVATION Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 06-931L-NBF

(PROPOSED) ORDER This matter is before the Court on the Plaintiff's motion for extension of time for the parties to file a status of their negotiation efforts and a contemplated joint Motion regarding further scheduling in this matter. Upon consideration of the motion and for good cause shown, it is hereby ordered that 1. The motion should be and hereby is GRANTED; 2. The parties shall have to and including April 4, 2008, to file further pleadings and/or otherwise respond. SO ORDERED. Date: ________________________ _____________________________________ HON. NANCY B. FIRESTONE United States Court of Federal Claims