Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:06-cv-00943-LMB

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Filed 02/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY,

Case No. 06-943L Judge Lawrence M. Baskir Electronically filed 2/21/07

DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED VERSION OF UNOPPOSED MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE ITS ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT AND [PROPOSED] ORDER Defendant respectfully files this motion for leave to file a corrected version of its Unopposed Motion for Enlargement of Time Within Which to File its Answer or Otherwise Respond to the Complaint and [Proposed] Order [Docket. # 6]. After making the filing earlier today, counsel for Defendant discovered that he had inadvertently undertaken the filing using an incorrect earlier draft version of the Motion. In the corrected version of Defendant's Unopposed Motion for Enlargement of Time Within Which to File its Answer or Otherwise Respond to the Complaint (attached hereto as Exhibit 1), Defendant has made changes to the following paragraphs of the Motion: 1. 2. Defendant has deleted former paragraph numbered five from the corrected motion. Defendant has re-written former paragraph numbered six, and re-numbered the

paragraph as paragraph number five in the correction motion. 3. Defendant has re-written the statement characterizing the exchange between counsel

in former paragraph numbered seven, and re-numbered the paragraph as paragraph number six in

Case 1:06-cv-00943-LMB

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the corrected motion. 4. the motion. Counsel regrets any inconvenience or confusion to the Court or opposing counsel, as a result of his inadvertent filing error. WHEREFORE, Defendant respectfully requests that this Court grant leave to substitute the corrected motion for the previously filed motion. Respectfully submitted this 21st day of February, 2007, MATTHEW J. MCKEOWN Acting Assistant Attorney General s/ Kevin J. Larsen KEVIN J. LARSEN, Attorney of Record United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0258 Fax: (202) 353-2021 Attorney of Record for Defendant OF COUNSEL: JOHN H. MARTIN United States Department of Justice Environment and Natural Resources Division 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1383 Fax: (303) 844-1350 ANTHONY P. HOANG United States Department of Justice Environment and Natural Resources Division -2The remaining changes to the corrected motion are not material to the substance of

Case 1:06-cv-00943-LMB

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Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021

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