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

Case 1:06-cv-00934-FMA

Document 11

Filed 06/25/2007

Page 1 of 3

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

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

PARTIES' JOINT MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE JOINT PRELIMINARY STATUS REPORT AND [PROPOSED] ORDER Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims (RCFC), the parties respectfully make this Joint Motion for Enlargement of Time to and including July 16, 2007, within which to file the Joint Preliminary Status Report (JPSR), as required by Appendix A of RCFC and by the Court's Minute Order dated April 30, 2007. The JPSR is presently due June 25, 2007. This Joint Motion is the parties' first such motion. The grounds for the joint motion are as follows: 1. Defendant filed an Answer to the Amended Complaint on April 30, 2007,

and upon filing the Answer, the Court issued a Minute Order requiring the parties to file the JPSR on June 25, 2007. 2. The parties need additional time so that their counsel can complete their

discussions about the requisite provisions of Appendix A of the RCFC and about their document and data needs and so that the counsel can complete their drafting of the JPSR, exchange drafts, review those drafts with each other and with Plaintiff and the principally affected federal agencies (Departments of the Interior and of the Treasury). Defendant's

1

Case 1:06-cv-00934-FMA

Document 11

Filed 06/25/2007

Page 2 of 3

counsel have been and continue to be preoccupied with other Tribal trust accounting and trust mismanagement cases, including a number of the 56 cases currently pending before this Court. 3. The granting of this Joint Motion will not have any adverse effect on the

rights and interests of the parties herein. However, the denial of the joint motion will impair the parties' ability to prepare a complete and comprehensive JPSR and provide the Court with full and adequate information about the case. WHEREFORE, the parties jointly and respectfully request that their Joint Motion for Enlargement of Time Within Which to File Joint Preliminary Status Report be GRANTED, to and including July 16, 2007. s/ Kennis M. Bellmard_______ Kennis M. Bellmard II, OBA #13965 Counsel of Record Timothy M. Larason, OBA #5239 Sandra Benischek Harrison, OBA #18647 Michael D. McMahan, OBA #17317 Of Counsel ANDREWS DAVIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELLORS AT LAW 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Telephone: (405) 272-9241 Fax: (405) 235-8786 www.andrewsdavis.com ATTORNEYS FOR PLAINTIFF KAW NATION, OKLAHOMA

2

Case 1:06-cv-00934-FMA

Document 11

Filed 06/25/2007

Page 3 of 3

RONALD J. TENPAS Acting Assistant Attorney General s/ Martin J. LaLonde Martin J. LaLonde United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 2004-0663 Telephone: 202/305-0247 Fax: 202/353-2021 ATTORNEYS FOR DEFENDANTS
200397.2

3