Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:06-cv-00939-ECH

Document 19

Filed 04/09/2007

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

Case No. 06-cv-00939L Judge Emily C. Hewitt

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO RESPOND TO PLAINTIFF'S SHOW CAUSE BRIEF, AND [PROPOSED] ORDER Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims (RCFC), Defendant United States of America respectfully moves this Court for an extension of time, to and including April 20, 2007, within which to file its response to Plaintiff's brief addressing the Court's order that Plaintiff show cause as to why this case should remain before this Court, given 28 U.S.C. § 1500 (2000). This unopposed extension motion is Defendant's first such motion. The grounds for this motion are as follows: 1. On March 7, 2007, the Court issued an Order that, inter alia, requires Plaintiff to

show cause as to why its case should remain before the Court in light of 28 U.S.C. § 1500. Plaintiff filed its "show cause" brief on March 28, 2007. Under the Court's Order, Defendant's response is due April 11, 2007. 2. Defendant needs additional time in order to complete its work on its response to

Plaintiff's "show cause" brief; provide for adequate review of the draft response by the affected federal agencies; address and incorporate comments based on that review; and finalize and file the response. Undersigned counsel for Defendant has been and continues to be working diligently on

Case 1:06-cv-00939-ECH

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Filed 04/09/2007

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Defendant's response brief. Nevertheless, Defendant's counsel needs the extension of time because he has been preoccupied with obligations in not only an unrelated case but also other Tribal trust accounting and trust mismanagement cases. In addition, Defendant's other counsel has been and continues to be preoccupied with work commitments, as well as travel, in other cases. Further, after finishing the draft response brief, Defendant's counsel requires sufficient time to submit the draft brief, in complete form, to the appropriate officials and personnel in the United States Departments of Justice (including those in two different Divisions), of the Interior, and of the Treasury, for their review; to address their comments on the draft brief; and to finalize the document for filing. 3. On April 9, 2007, Defendant's counsel contacted Plaintiff's counsel of record by

telephone about Plaintiff's position on this motion. Plaintiff's counsel authorized Defendant's counsel to state that Plaintiff does not oppose the motion. 4. On the one hand, the granting of this motion will not unduly prejudice the rights and

interests of the parties in this case . On the other hand, the denial of this motion will adversely affect the ability of Defendant to prepare adequately the necessary papers in response to Plaintiff's "show cause" brief; obtain the appropriate review of those papers by the affected agencies before filing; and provide the Court with the benefit of Defendant's views on a matter that the Court has determined to be sufficiently significant as to warrant a "show cause" order. WHEREFORE, Defendant respectfully requests that its unopposed motion for extension of time be GRANTED.

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Case 1:06-cv-00939-ECH

Document 19

Filed 04/09/2007

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Respectfully submitted this 9th day of April, 2007, MATTHEW McKEOWN Acting Assistant Attorney General s/ Martin J. LaLonde MARTIN J. LALONDE United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0247 Fax: (202) 353-2021 Attorney of Record for Defendant OF COUNSEL: ANTHONY P. HOANG United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021 CANDACE N. BECK Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 RACHEL HOWARD Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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