Free Motion for Protective Order - District Court of Federal Claims - federal

Case 1:06-cv-00945-FMA

Document 44

Filed 01/18/2008

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United States Court of Federal Claims
NAVAJO NATION f.k.a. NAVAJO TRIBE OF INDIANS, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-945L Judge Francis M. Allegra

JOINT MOTION FOR ENTRY OF ADR CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER The Navajo Nation and the United States hereby move jointly for entry of an Alternative Dispute Resolution ("ADR") Confidentiality Agreement and Protective Order. In support of this motion, the parties state the following: 1. On May 11, 2007, this Court entered a Confidentiality Agreement and Protective

Order ("CAPO") in this case to facilitate efficient discovery and authorize production of confidential and proprietary records while protecting them from further disclosure consistent with Applicable Confidentiality Laws, as defined in the CAPO, and to avoid waivers of exemptions from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. 2. On October 10, 2007, the Court entered an Order staying this case and referring this

case to Senior Judge Bruggink to conduct ADR proceedings in this complex matter. 3. Since entry of the above Orders, the parties have agreed to the terms of an Agreement

Governing ADR Proceedings for this case. As part of the parties' efforts to pursue informal discovery within the ADR proceedings, the parties also have agreed to the terms of the accompanying proposed ADR CAPO.

Case 1:06-cv-00945-FMA

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4.

The proposed ADR CAPO, in part, has benefitted from the drafting, application, and

implementation of the ADR CAPOs entered on April 4, 2005, and June 2, 2005, respectively, in the two cases with similar issues currently before this court, Jicarilla Apache Nation v. United States, No. 02-25L, and Pueblo of Laguna v. United States, No. 02-24L, wherein the attorneys of record for each of the parties are also the attorneys of record in this case. 5. Entry of the attached proposed ADR CAPO, including supplementation of the CAPO

entered on May 11, 2007, will facilitate the free flow of information among the parties and the designated Settlement Judge, and thereby may assist the parties in resolving this case pursuant to the Court's ADR program. In particular, entry of the attached proposed ADR CAPO will facilitate commencement of record inspections at the Gallup Federal Building on or about February 5, 2008, pursuant to paragraph 2(b)(iv) if the Court's Order of September 10, 2007, as modified by the Court's Order of November 30, 2007. WHEREFORE, the Navajo Nation and United States respectfully request that the Court approve and enter the accompanying ADR Confidentiality Agreement and Protective Order. Respectfully submitted this 18th day of January 2008,

s/Alan R. Taradash by s/Daniel I.S.J. Rey-Bear Alan R. Taradash Nordhaus Law Firm, LLP 405 Dr. Martin Luther King, Jr. Ave. NE Albuquerque, NM 87102 telephone: 505-243-4275 facsimile: 505-243-4464 email: [email protected] Attorney of Record for Plaintiff

s/Robert W. Rodrigues by s/Daniel I.S.J. Rey-Bear Robert W. Rodrigues United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 telephone: 202-353-8839 facsimile: 202-353-2021 email: [email protected] Attorney of Record for Defendant

Case 1:06-cv-00945-FMA

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Thomas J. Peckham Daniel I.S.J. Rey-Bear Deidre A. Lujan Dana Bobroff Nordhaus Law Firm, LLP 405 Dr. Martin Luther King Jr Ave NE Albuquerque, NM 87102 telephone: 505-243-4275 facsimile: 505-243-4464 Donald H. Grove Nordhaus Law Firm, LLP 1401 K Street NW, Suite 801 Washington, DC 20005 telephone: 202-530-1270 facsimile: 202-530-1920 Of Counsel for Plaintiff

Kenneth Stegeby Ayako Sato John H. Martin U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 telephone: 202-353-8839 facsimile: 202-353-2021 Of Counsel for Defendant