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

Case 1:06-cv-00940-EJD

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Filed 02/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

COEUR D'ALENE TRIBE,

) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendants. ) ____________________________________)

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

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT STATUS REPORT AND [PROPOSED] ORDER Pursuant to Rule 6.1 of the United States Court of Federal Claims, Defendant United States respectfully respects that the Court grant this unopposed motion for enlargement of time, to and including February 22, 2008, within which the parties may file their Joint Status Report. This unopposed enlargement motion is Defendant's first such motion. The grounds for the unopposed motion are as follows: 1. 2. The filing deadline of the Joint Status Report is currently February 15, 2008. Counsel for the parties have made diligent efforts to prepare, exchange, and

circulate drafts and revised drafts of the Joint Status Report for review and comment by the parties. 3. Notwithstanding their best efforts, however, counsel for the parties were unable to

finalize and file a Joint Status Report tonight. Specifically, counsel for Defendant were unable to obtain the necessary reviews and approvals of the proposed final draft version of the Report from the appropriate employees and officials of the Office of the Solicitor, the Office of Historical Trust Accounting, and the Office of the Special Trustee for American Indians, for the

Case 1:06-cv-00940-EJD

Document 12

Filed 02/15/2008

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United States Department of the Interior (one of the two federal agencies primarily involved in and affected by this case). Several of the officials and employees from the Interior Department offices or agencies were out of the office or otherwise unavailable this afternoon and evening to conduct a full review, discussion, and approval regarding the Report. The review and approval of these officials and employees are necessary for the document, especially some of the factual statements therein. Defendant believes that the requested enlargement would allow sufficient time for client agency official and employee review, comment, and approval of the Report. 4. Counsel for Defendant have contacted Plaintiff's counsel, Brian Gunn, about this

motion by telephone on February 15, 2008. Plaintiff's counsel authorized Defendant's counsel to state that Plaintiff does not oppose this motion. 5. Defendant is aware that the Court prefers that motions for enlargement of time be

filed as soon as possible, generally at least five (5) business days before the deadline from which the enlargement is being sought. See Special Procedures Order (Revised August 14, 2007), at ¶ 4(a). Nonetheless, Defendant has to request this enlargement of time at this juncture because of the unavailability of certain necessary client agency officials and employees to review and approve of the Joint Status Report. 6. On the one hand, the granting of this unopposed motion will not cause any undue

prejudice or harm to the rights and interests of the parties herein. Further, it will serve the public interest and the goal of judicial economy and efficiency by ensuring that the Court will have the benefit of a Joint Status Report that has been fully vetted and approved by the appropriate employees and officials of both parties. On the other hand, the denial of this unopposed motion will result in a situation in which the Court does not have the information contained in the Joint

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Case 1:06-cv-00940-EJD

Document 12

Filed 02/15/2008

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Status Report or in which the Court has information that has not been fully reviewed and approved by the Interior Department. WHEREFORE, Defendant requests that its unopposed motion be GRANTED. Respectfully submitted this 15th day of February, 2008, RONALD J. TENPAS Assistant Attorney General s/ E. Kenneth Stegeby E. KENNETH STEGEBY, DC Bar #474127 ANTHONY P. HOANG, FL Bar #798193 United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 616-4119 Tel: (202) 305-0241 Fax: (202) 353-2021 Attorneys for Defendant OF COUNSEL: MICHAEL BIANCO United States Department of the Interior Office of the Solicitor Washington, D.C. 20240

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