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

Case 1:06-cv-00944-EGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) ) Defendant. ) ____________________________________) THE TOHONO O'ODHAM NATION

Case No. 06-944L Judge Eric G. Bruggink Electronically filed 7/13/07

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE REPLY BRIEF AND [PROPOSED] ORDER Pursuant to Rule 6.1 of the Rules of the Court of Federal Claims (RCFC), Defendant United States of America ("Defendant" or "The United States") respectfully moves this Court for a twentyeight (23) day enlargement of time, to and including August 15, 2007 within which to file its reply brief in support of its Motion to Dismiss (Docket #16). This motion is Defendant's first such motion. The grounds for this motion are as follows: 1. On May 18, 2007, the Defendant filed a motion to dismiss the Plaintiff's Complaint

(Docket # 1) pursuant to 28 U.S.C. § 1500. 2. Pursuant to RCFC 7.2(c), the deadline for Plaintiff to have filed its Response to

the United States' motion was June 18, 2007. 3. On June 13 and 27, 2007 respectively, this Court granted Plaintiff's Unopposed

Motions for Extension of Time to Respond to Defendant's Motion to Dismiss. (Docket #'s 18, 19). 4. On July 11, 2007, Plaintiff filed its Brief in Response to Defendant's Motion to

Dismiss (Docket # 20). 1

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5.

Pursuant to RCFC 7.2(b), the current deadline for the Defendant to file its Reply

brief is July 20, 2007. 6. In addition to the demands presented by this case, counsel for the United States is

presently preoccupied with other active litigation matters, including but not limited to those associated with Salt River Pima-Maricopa Indian Community v. United States, No. 06-cv-00943LMB (Fed. Cl.); Salt River Pima-Maricopa Indian Community v. Kempthorne, et al., No. 06-cv02241-JR (D.D.C.), and Tohono O' Odham Nation v. Kempthorne, et al., No. 06-cv-02236-JR (D.D.C.). 7. Moreover, Counsel undersigned has annual leave planned on July 19-20, 2007, and

is presently scheduled to be on official travel for much of the week beginning July 23, 2007. As such, the United States needs additional time to adequately prepare its reply brief 8. Counsel undersigned, contacted Plaintiff's counsel William Austin about this motion

on July 13, 2007, and, on July 13, Mr. Austin stated that Plaintiff does not oppose Defendant's request for extension. 9. 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 for, and to obtain the appropriate review of those papers before, filing in this case. WHEREFORE, Defendant respectfully requests that its unopposed motion for enlargement of time be granted. Respectfully submitted this 13th day of July, 2007, RONALD J. TENPAS Acting Assistant Attorney General 2

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s/ Kevin J. Larsen KEVIN J. LARSEN, Attorney of Record United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0258 Fax: (202) 353-2021 Attorney of Record for Defendant OF COUNSEL: JOHN H. MARTIN United States Department of Justice Environment and Natural Resources Division 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1383 Fax: (303) 844-1350 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 THOMAS BARTMAN 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. 20270

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