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

Case 1:06-cv-00934-FMA

Document 26

Filed 12/31/2007

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

Case No. 06-934 L Judge Francis M. Allegra

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time to respond to the plaintiff's "Kaw Nation's Motion to Change Record Review Site to Pawnee Agency Office (BIA)" ("Motion"). Docket (Dkt.) # 24.1/ Defendant's response is due January 7, 2008, and we seek an extension of 11 days until January 18, 2008. There have been no other enlargements of time for this response. Counsel for defendant has conferred with counsel for plaintiff who has indicated that plaintiff opposes the requested extension. Defendant seeks the enlargement of time because undersigned counsel has not been able to work upon a response to the motion filed by plaintiff. Plaintiff's Motion was filed on December 21, 2007. Except for today,2/ defendant's counsel has been out of the office on leave since December 24, 2007, and will resume his leave status beginning tomorrow, January 1, 2008, through January 6, 2007. Further, defendant's counsel will be on travel from January 8, 2008, through January 11, 2008, to Alabama for ADR-related matters in OSI v. United States,

1/

Cf., "Defendant's Opposed Motion and Supporting Memorandum to Modify Document Preservation Order." Dkt. # 23. Although the substantive work was previously completed, undersigned counsel did attend also to the filing of "Defendant's Notice of Filing Status Report Describing Record Retention Order Compliance Mechanisms" (Dkt. #25) in this case on December 26, 2007 while on leave.
2/

Case 1:06-cv-00934-FMA

Document 26

Filed 12/31/2007

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No. 04-1210 L. Moreover, because of unavailability of agency personnel during the past week with the holidays, counsel for defendant has not been able to discuss and coordinate fully a position by the United States in response to plaintiff's Motion. For the reasons stated above, defendant respectfully requests the Court grant this motion for an enlargement of time to January 18, 2008. Dated: December 31, 2007 Respectfully submitted, RONALD J. TENPAS Assistant Attorney General

s/ Terry M. Petrie TERRY M. PETRIE Environment and Natural Resources Division U.S. 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 OF COUNSEL: ANTHONY P. HOANG 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 [email protected]

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Case 1:06-cv-00934-FMA

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Filed 12/31/2007

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SHANI WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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Case 1:06-cv-00934-FMA

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Filed 12/31/2007

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME was served on December 31, 2007, by Electronic Case Filing, on the following counsel:

Kennis Monte Bellmard, II Andrews Davis, P.C. 100 North Broadway Suite 3300 Oklahoma City, OK 73012 Counsel for Plaintiff

s/ Terry M. Petrie TERRY M. PETRIE