Free Joint Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

Document 39

Filed 04/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) KAW NATION OF OKLAHOMA,

No. 06-cv-00934 L Judge Francis M. Allegra

JOINT STATUS REPORT Pursuant to this Court's order dated January 25, 2008, Document No. (Doc. #) 30, Plaintiff and Defendants (the parties herein) submit the following joint status report regarding the status of alternative dispute resolution (ADR) in the above-captioned case. 1. On January 25, 2008, the Court referred this case to Senior Judge Eric Bruggink for conduct of the ADR process. Doc. #30. 2. On January 31, 2008, ADR Judge Bruggink scheduled a telephone conference for February 11, 2008, at 4 p.m., Eastern Standard Time (EST), which he later re-scheduled for February 19, 2008, at 10 a.m., EST. Docs. ## 33, 35. 3. During that February 19 conference, among other things, counsel for the parties informed ADR Judge Bruggink that the parties had filed motions to amend specific document location-related provisions of the Document Preservation Order (DPO) that had been issued by this Court on October 24, 2007 (Doc. # 22) and that those motions were pending. Further, Plaintiff's counsel announced Plaintiff's intent to amend its Complaint and he stated that Plaintiff would require additional discovery (formal or informal) before Plaintiff could make a good-faith effort to resolve its claims in this case through the ADR process.

Case 1:06-cv-00934-FMA

Document 39

Filed 04/18/2008

Page 2 of 3

4. ADR Judge Bruggink agreed, inter alia, that the initiation of the ADR process should await resolution of the DPO-related issues. 5. On February 19, 2008, this Court issued an Order (Doc. # 36) that modified the October 24, 2007 DPO (Doc. # 22). 6. On April 8, 2008, the parties filed a joint report regarding the status of their compliances with the DPOs dated October 24, 2007, and February 19, 2008. 7. Plaintiff intends to seek leave to amend the Complaint. 8. Counsel for the parties intend to confer, in the next several weeks, about Plaintiff's request for discovery; the parties' plans or proposals regarding that request; and certain issues relating to Plaintiff's discovery request and the parties' plans or proposals (e.g., document and data productions or inspection(s), pre-inspection privilege reviews, timing and scheduling, etc.). Counsel will inform this Court, as well as ADR Judge Bruggink, of any plans, proposals, and schedules that they develop and implement on the matter. Plaintiff contemplates beginning its document and data review process by no later than September 1, 2008. Respectfully submitted this 18th of April, 2008, RONALD J. TENPAS Assistant Attorney General s/ Kennis M. Bellmard KENNIS M. BELLMARD, OBA #13965 Andrews Davis, P.C. 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 [email protected] Attorney of Record for Plaintiff 2 _s/ Terry M. Petrie_______________ TERRY M. PETRIE Environment & Natural Resources Division United States Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1369 Fax: (303) 844-1350 [email protected] Attorney of Record for Defendant Doc. #38.

Case 1:06-cv-00934-FMA

Document 39

Filed 04/18/2008

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OF COUNSEL: TIMOTHY M. LARASON, OBA #5239 MICHAEL D. MCMAHAN, OBA #17317 SANDRA B. HARRISON, OBA #18647 JACQUELYN V. DUFFY, OBA #21630 Andrews Davis, P.C. 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 PETTINATO United States Department of Justice Environment & Natural Resources Division P.O. Box 663 Washington, DC 20044-0663 Tel: (202) 305-0241 Tel: (202) 305-0203 Fax: (202) 353-2021 [email protected] [email protected] SHANI WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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