Free Motion to Substitute Attorney (Consented) - District Court of Federal Claims - federal

Case 1:06-cv-00937-LAS

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Filed 03/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OTOE-MISSOURIA TRIBE OF INDIANS OKLAHOMA, Plaintiff, v. THE UNITED STATES, Defendants. ) ) ) ) ) ) ) )

No. 06-CV-00937-L Judge Loren A. Smith

MOTION TO SUBSTITUTE LEAD COUNSEL Kennis M. Bellmard, II, of Andrews Davis, a Professional Corporation, Of Counsel for the plaintiff Otoe-Missouria Tribe of Indians of Oklahoma, respectfully moves the Court for leave to substitute lead counsel. Mr. Bellmard hereby submits the following in support of his Motion: 1. At the time of the filing of the plaintiff's Complaint in this matter, the present

lead counsel, Timothy M. Larason, was the only attorney in the Andrews Davis firm who was admitted to practice in this Court and registered with the Electronic Filing System. 2. Since the filing of plaintiff's Complaint, Kennis M. Bellmard, II, Sandra

Benischek Harrison and Michael D. McMahan, all of the Andrews Davis firm, have been admitted to practice in this Court and are registered with the Electronic Filing System. 3. The plaintiff has been notified of the substitution of Mr. Larason and consents

to the substitution with that of Kennis M. Bellmard II as lead counsel. 4. Mr. Larason consents to appointment of Mr. Bellmard as Lead Counsel and

that he will remain as Of Counsel for the plaintiff. See Attachment 1, Affidavit of Kennis M. Bellmard; and Attachment 2, Consent of Timothy M. Larason.

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Case 1:06-cv-00937-LAS

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5.

Sandra Benischek Harrison and Michael D. McMahan will remain Of Counsel

for the plaintiff. 6. Counsel for the defendant United States has been notified and does not oppose

the substitution of Kennis M. Bellmard II as lead counsel for the plaintiff. 7. The substitution will not affect any pending deadlines.

WHEREFORE, Kennis M. Bellmard II, of Andrews Davis, a Professional Corporation, respectfully requests that the Court substitute Kennis M. Bellmard II as lead counsel in place of the previous lead counsel Timothy M. Larason for the plaintiff in this case. Dated this 4th day of March, 2007. s/Kennis M. Bellmard_____________ Kennis M. Bellmard II, OBA #13965 Of Counsel Timothy M. Larason, OBA #5239 Counsel of Record Sandra Benischek Harrison, OBA #18647 Michael D. McMahan, OBA #17314, Of Counsel ANDREWS DAVIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELLORS AT LAW 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Telephone: (405) 272-9241 Fax: (405) 235-8786 www.andrewsdavis.com ATTORNEYS FOR PLAINTIFF OTOE-MISSOURIA TRIBE OF INDIANS OF OKLAHOMA

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CERTIFICATE OF SERVICE I hereby certify that on the 4th day of March, 2007, 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: Martin J. LaLonde and 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 s/ Kennis M. Bellmard_______
196896.1

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