Free Motion to Continue - District Court of Federal Claims - federal

Case 1:06-cv-00932-ECH

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Filed 10/05/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) AK-CHIN INDIAN COMMUNITY,

Case No. 06-0932L-ECH Judge Emily C. Hewitt Electronically filed October 5, 2007

EMERGENCY MOTION BY DEFENDANT FOR CONTINUANCE OF OCTOBER 9, 2007, HEARING Pursuant to Rule 7 (b) of the Rules of the Court of Federal Claims, Defendant, the United States of America, respectfully moves this Court to continue the hearing in this case, which currently is set for October 9, 2007. This motion is Defendant's first such motion. The grounds for this motion are as follows: 1. The hearing on Defendant's motion to dismiss under 28 U.S.C. § 1500 is set for

October 9, 2007. 2. That date was set with Defendant's and undersigned counsel's consent and

cooperation, to accommodate Plaintiff's request that the hearing occur on a date before the trial in the Cobell case begins October 10, 2007, in the District Court for the District of Columbia, because of Plaintiff's counsel's involvement in that trial. 3. After 11:00 p.m. the night of Thursday, October 4, 2007, undersigned counsel

was informed that her mother had been re-hospitalized on an emergency basis that night.1/

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Undersigned counsel's mother had recently been discharged from the hospital to a sub-acute care facility after several weeks of hospitalization beginning in August, due to medical 1

Case 1:06-cv-00932-ECH

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4.

Undersigned counsel's parents live hundreds of miles from Washington, D.C.,

and from undersigned counsel's residence. 5. After consultation with family during the day Friday, October 5, 2007, regarding

her mother's condition, undersigned counsel called Mark Levy, Esquire, of the Kilpatrick Stockton firm (who recently informed undersigned counsel that he would be handling the oral argument in this case) and requested Plaintiff's consent to a continuance of a week or soof the hearing in this matter (e.g., to October 17 or 18), to accommodate undersigned counsel's need and desire to attend to the family medical situation described above. Mr. Levy stated he would consult with counsel of record and the other lawyers on the case regarding the request. 6. Mr. Levy later informed undersigned counsel that Plaintiff's counsel opposed any

extension of the hearing date for this matter. 7. Granting this motion will not prejudice any party, nor unduly delay the case. WHEREFORE, Defendant respectfully requests that this motion for a continuance be granted.

emergency. 2

Case 1:06-cv-00932-ECH

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Respectfully submitted this 5th day of October 2007. RONALD J. TENPAS ACTING ASSISTANT ATTORNEY GENERAL s/Laura M.L. Maroldy Laura M.L. Maroldy United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 514-4565 Fax: (202) 353-2021 Attorneys for Defendant

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