Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

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Filed 12/21/2007

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

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

KAW NATION'S MOTION TO CHANGE RECORD REVIEW SITE TO PAWNEE AGENCY OFFICE (BIA) Pursuant to Section 6(b) of the October 24, 2007 Document Preservation Order ("DPO") entered in this case, Kaw Nation, a federally recognized Indian Tribe, respectfully requests the permission of the Court to modify the record review site specified at Section 2(a) of the DPO from the Gallup BIA (Bureau of Indian Affairs) Warehouse in Gamerco, New Mexico ("Gamerco") to the Pawnee Agency Office BIA in Pawnee, Oklahoma ("Pawnee"). 1. On September 11, pursuant to the court's directive at a joint status conference, the

parties were directed to attempt to negotiate a mutually agreeable DPO. The parties were largely unsuccessful in this regard. 2. On October 24, the Court entered a Document Preservation Order utilizing the

Order issued in the Navaho Nation v. United States of America, Case No. 06-945L. 3. In using the Navaho order as a model, the record review site was inadvertently

left unchanged, i.e. the entered order uses Gamerco, New Mexico instead of the logical location in Oklahoma, which would be the BIA facility at Pawnee, Oklahoma. 4. Pursuant to a conversation with the court in October indicating a need to modify

Case 1:06-cv-00934-FMA

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the entered Order only to specifically reflect the correct record review site, Kaw Nation respectfully requests the October Order to be changed only as to the references to Gallup BIA Warehouse in Gamerco, New Mexico which will be changed to Pawnee Agency Office, Pawnee Oklahoma. 5. modifications. Dated this 21st day of December, 2007. Attached please see Exhibit A which reflects the Plaintiff's requested

Respectfully Submitted,

s/ Kennis M. Bellmard II KENNIS M. BELLMARD II, OBA #13965 Andrews Davis, P.C. 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Telephone: (405) 272-9241 Fax: (405) 235-8786 Attorney of Record for Plaintiff [email protected] 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 Telephone: (405) 272-9241 Fax: (405) 235-8786

Case 1:06-cv-00934-FMA

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing KAW NATION'S MOTION TO CHANGE RECORD REVIEW SITE TO PAWNEE AGENCY OFFICE (BIA) was served on December 21, 2007, by Electronic Case Filing, on the following counsel: TERRY M. PETRIE Attorney of Record 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 OF COUNSEL: ANTHONY P. HOANG United States Department of Justice Environment & Natural Resources Division PO Box 663 Washington, DC 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021 [email protected]

s/ Kennis M. Bellmard II KENNIS M. BELLMARD II