Free Motion to Stay - District Court of Federal Claims - federal

Case 1:06-cv-00940-EJD

Document 18

Filed 07/25/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COEUR D'ALENE TRIBE, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 06-cv-00940 Chief Judge Edward J. Damich

PARTIES' THIRD JOINT MOTION FOR TEMPORARY STAY OF LITIGATION Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims ("RCFC"), Plaintiff, the Coeur d'Alene Tribe ("Plaintiff" or "Tribe") and Defendant, the United States, jointly move this Court for an order continuing the temporary stay of litigation in this case to and including October 27, 2008. This is the Parties' third request for a temporary stay, and the grounds for the request are as follows: 1. On December 29, 2006, Plaintiff filed its complaint, and, on February 21, 2007,

the Parties jointly moved for a temporary stay of litigation to facilitate the Parties' participation in the on-going administrative accounting process between the Inter-Tribal Monitoring Association and the Office of Historical Trust Accounting of the United States Department of the Interior ("TTFSP"). 2. On February 22, 2007, the Court ordered that the case be stayed to and including

February 27, 2008. 3. On February 22, 2008, the Parties filed a Joint Status Report in which they

requested that the court extend the temporary stay of the proceedings in this case up to and

Case 1:06-cv-00940-EJD

Document 18

Filed 07/25/2008

Page 2 of 3

including July 25, 2008. In response to the Parties' request, the Court scheduled a status conference for April 1, 2008. 4. On April 2, 2008, the Court extended the temporary stay to and including July 25,

2008, and ordered the Parties to file a Joint Status Report on July 11, 2008. 5. On July 11, 2008, the Parties filed a Joint Status Report, in which the Parties

provided a detailed update on, inter alia, the status of their progress in the TTFSP. As the Parties stated in that report, "[t]he main goals of [the TTFSP] is to provide Indian tribes with a voluntary mechanism to determine the possibility of reaching settlement of certain tribal trust fund-related issues and claims, and to provide tribes and Defendants with a framework for resolving broader trust-related issues." Joint Status Report, filed July 11, 2008, Dkt. No. 17. The Parties further reported that (1) the Phase I methodology is complete, (2) Plaintiff's Tribal Council unanimously approved the Phase I methodology on July 10, 2008, and (3) Plaintiff anticipates continuing its discussions with Defendants regarding the possibility of applying all or some portion of the Phase I methodology to Plaintiff's trust accounts in an attempt to seek to settle, in whole or in part, the claims brought by Plaintiff in this action. 6. Given that the Phase I methodology is now complete and in light of the upcoming

meetings where TTFSP participants will consider the final Phase I methodology for approval, as further described in the July 11, 2008 report, as well as the Parties' desire to continue participating in the TTFSP process with an eye towards resolving this case amicably and without unnecessarily expending limited time and resources on litigation, the Parties respectfully request that the Court continue the temporary stay of proceedings in this case under the same terms as the Court's April 2, 2008 Order, Dkt. No. 16, to and including October 27, 2008, or until further Order of the Court.

2

Case 1:06-cv-00940-EJD

Document 18

Filed 07/25/2008

Page 3 of 3

WHEREFORE, the Parties respectfully request that this joint motion for temporary stay of litigation be GRANTED. Respectfully submitted this 25th day of July, 2008, RONALD J. TENPAS Assistant Attorney General s/ John P. Racin, by E. Kenneth Stegeby, pursuant to authorization on July 25, 2008 JOHN P. RACIN 1721 Lamont Street, N.W. Washington, D.C. 20010 Tel: (202) 265-2516 Fax: (202) 483-7895

s/ E. Kenneth Stegeby E. KENNETH STEGEBY United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 616-4119 Fax: (202) 353-2021 Attorney of Record for Defendant OF COUNSEL: ANTHONY P. HOANG JODY SCHWARZ United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021 MICHAEL BIANCO Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON THOMAS KEARNS Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

Attorney of Record for Plaintiff OF COUNSEL: BRIAN L. GUNN Drinker Biddle & Reath LLP 1500 K Street, N.W. Washington, D.C. 20005-1209 Tel: (202) 230-5172 Fax: (202) 230-5300

ERIC R. VAN ORDEN Office of Legal Counsel The Coeur d'Alene Tribe 850 A Street Plummer, ID 83851 Tel: (208) 686-1800 Fax: (208) 686-1182

3