Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:06-cv-00945-FMA

Document 31

Filed 08/24/2007

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UNITED STATES COURT OF FEDERAL CLAIMS NAVAJO NATION f.k.a. NAVAJO TRIBE OF INDIANS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-945 L Judge Francis M. Allegra

JOINT MOTION FOR LEAVE TO FILE REVISED PROPOSED RECORD RETENTION ORDER AND REDLINE THEREOF Plaintiff, the Navajo Nation, and Defendant, the United States, hereby move jointly for leave to file the enclosed revised proposed record retention order ("RRO") and redline thereof. As grounds for this motion, the parties state as follows: 1. Pursuant to this Court's order of July 20, 2007, Plaintiff filed its proposed RRO on

August 3, 2007. Also on August 3, 2007, the Court granted Defendant an extension of time until August 17, 2007, in which to file its redlined response to Plaintiff's proposed RRO. 2. On August 17, 2007, Plaintiff filed a revised proposed RRO, which superseded the

previously filed proposed RRO, and reflected continuing discussions with Defendant. That same date, Defendant filed its redlined response to Plaintiff's revised proposed RRO. 3. Since August 17, 2007, the parties have continued to seek to resolve outstanding

differences regarding the RRO, and the parties have revised their proposed RROs based on those discussions. While the parties have further narrowed their disagreements, they still do not agree on all terms. Accordingly, Plaintiff hereby submits a further revised proposed RRO, and Defendant hereby submits a corresponding revised redlined response to Plaintiff's revised proposed RRO.

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Case 1:06-cv-00945-FMA

Document 31

Filed 08/24/2007

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4.

Defendant further states that its enclosed redline also corrects two errors in its prior

RRO redline of August 17, 2007. Specifically, in paragraph 2(f)(i), Defendant has inserted "that, as of the date of this order, are both inactive and[,]" and Defendant has deleted the entire subparagraph 2(f)(iv). As indicated in Plaintiff's enclosed revised proposed RRO, Plaintiff does not oppose these changes to the proposed order. WHEREFORE, the parties respectfully move this Court for leave to file the enclosed proposed Record Retention Order and redline thereof. Respectfully submitted this 24th day of August, 2007. /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 87102-3541 telephone: 505-243-4275 facsimile: 505-243-4464 Attorney of Record for Plaintiff Of Counsel: Thomas J. Peckham Daniel I.S.J. Rey-Bear Deidre A. Lujan Dana L. 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 /s Robert W. Rodrigues by /s Daniel I.S.J. Rey-Bear Robert W. Rodrigues U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 telephone: 202-305-0484 facsimile: 202-305-0506 Attorney of Record for Defendant Of Counsel: E. Kenneth Stegeby U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 John H. Martin U.S. Department of Justice Natural Resources Section 1961 Stout Street, Eighth Floor Denver, CO 80294 telephone: 303-844-1383 facsimile: 303-844-1350 2

Case 1:06-cv-00945-FMA

Document 31

Filed 08/24/2007

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Rachel Howard Office of the Chief Counsel Financial Management Service U.S. Department of the Treasury Washington, DC 20227 Gladys Orr Cojocari Thomas Kearns Candace Beck Office of the Solicitor U.S. Department of the Interior 1849 C Street, NW Washington, DC 20240

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