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

Case 1:06-cv-00937-LAS

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Filed 07/01/2008

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

Case No. 06-937L Sr. Judge Loren A. Smith

JOINT MOTION TO EXTEND TIME TO FILE THE JOINT PRELIMINARY STATUS REPORT Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims (RCFCs), Plaintiff and Defendant respectfully and jointly submit this motion to extend the time, to and including July 16, 2008, within which to file their joint preliminary status report (JPSR). Under the Court=s scheduling order, dated March 3, 2008, the current filing deadline for the JPSR is July 2, 2008. The parties seek two additional weeks based on the following: 1. The May 20, 2008, docket entry indicated, contrary to this Court=s scheduling

order, that the JPSR was due on July 11, 2008. Unfortunately, the parties relied on that statement and only recently determined it to be inaccurate. 2. Pursuant to RCFC 6.1, the parties= counsel have discussed this motion during a

conference call on June 30, 2008. During that call, among other items, counsel exchanged and discussed the parties= respective views and positions relating to the deadlines of this case. Both parties= counsel indicated that they supported this motion. 3. Depending on the Court=s ruling on this issue, the parties have scheduled an early 1

Case 1:06-cv-00937-LAS

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meeting of counsel (EMOC), as required by the RCFCs, for July 8, 2008, at 4:00 p.m. E.D.T. 4. By granting this joint motion, the Court will not cause any undue prejudice or

harm to the rights and interests of the parties. Instead, by granting this motion, this Court will promote judicial efficiency and serve the public interest by enabling the parties to submit a welldiscussed, -analyzed, -briefed, and -reviewed JPSR to the Court. At the same time, however, by denying this joint motion, the Court could cause prejudice and harm to the parties= positions because they would not have sufficient time to complete a thorough JPSR before filing it. WHEREFORE, the parties respectfully request this Court to grant their joint motion and allow them to and including July 16, 2008, within which to file their JPSR. Respectfully submitted this 1st day of July 2008,

Dated: July 1, 2008

Respectfully submitted,

RONALD J. TENPAS Assistant Attorney General s/ Sandra Benischek Harrison Sandra Benischek Harrison, OBA #18647 (signed by Filing Attorney pursuant to written authorization on June 30, 2008) ANDREWS DAVIS A PROFESSIONAL CORPORATION Attorneys and Counselors at Law 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 Attorney of Record for Plaintiff s/ Terry M. Petrie____ Terry M. Petrie (signed by Filing Attorney pursuant to written authorization on June 30, 2008) United States Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1369 Fax: (202) 353-2021 [email protected] Attorney of Record for Defendant

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Case 1:06-cv-00937-LAS

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OF COUNSEL: Timothy M. Larason, OBA #5239 Michael D. McMahan, OBA #17317 Jennifer Henshaw McBee, OBA #19170 Jacquelyn V. Duffy, OBA #21630 ANDREWS DAVIS A PROFESSIONAL CORPORATION Attorneys and Counselors at Law 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 www.andrewsdavis.com

OF COUNSEL: ANTHONY P. HOANG JARED S. PETTINATO United States Department of Justice Environment and Natural Resources Division Natural Resource Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Tel: (202) 305-0203 Fax: (202) 353-2021 [email protected] [email protected] SHANI N. WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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