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

Case 1:06-cv-00942-LJB

Document 34

Filed 05/28/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

PASSAMAQUODDY MAINE, Plaintiff, v.

TRIBE

OF

Case No. 06-942LJB Judge Lynn J. Bush (Electronically Filed May 28, 2008)

THE UNITED STATES OF AMERICA, Defendant.

PLAINTIFF'S REPLY TO ITS MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY Plaintiff, the Passamaquoddy Tribe of Maine, moved this Court on April 29, 2008 for leave to file its Notice of Supplemental Authority informing the Court of the recent decision in Salt River Pima-Maricopa Indian Community v. United States, No. 06-943L (Fed. Cl. Apr. 24, 2008). In that case, decided by Judge Baskir on April 24, 2008, the Court denied the

Government's Motion to Dismiss Pursuant to 28 U.S.C. § 1500 upon finding that the plaintiff tribe had filed its complaint in the Court of the Federal Claims prior to filing its District Court action. Defendant has not timely responded to Plaintiff's motion. See RCFC 7.2. Accordingly, Plaintiff respectfully requests that the Court grant its motion for leave to file its Notice of Supplemental Authority and adopt Judge Baskir's findings in the April 24, 2008 decision in Salt River in deciding the Government's pending Section 1500 motion in this case. A proposed order is submitted along with this Reply. This 28th day of May, 2008.

US2000 10857123.1

Case 1:06-cv-00942-LJB

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Filed 05/28/2008

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Respectfully submitted,

/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] CATHERINE F. MUNSON Georgia Bar No. 529621 Email: [email protected] KILPATRICK STOCKTON LLP 607 14th Street, N.W. Washington, D.C. 20005 Phone: (202) 508-5800 Attorneys for Plaintiff Passamaquoddy Tribe of Maine

US2000 10857123.1

Case 1:06-cv-00942-LJB

Document 34

Filed 05/28/2008

Page 3 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

PASSAMAQUODDY MAINE, Plaintiff, v.

TRIBE

OF

Case No. 06-942LJB Judge Lynn J. Bush (Electronically Filed May 28, 2008)

THE UNITED STATES OF AMERICA, Defendant.

CERTIFICATE OF SERVICE

I hereby certify that the PLAINTIFF'S REPLY TO ITS MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY was electronically filed using the Court's ECF system and that the below-listed counsel are ECF users and will be served via the ECF System: Laura L.M. Maroldy, Esq. United States Department of Justice Environmental and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663

This 28th day of May, 2008.

US2000 10857123.1

Case 1:06-cv-00942-LJB

Document 34

Filed 05/28/2008

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/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] CATHERINE F. MUNSON Georgia Bar No. 529621 Email: [email protected] KILPATRICK STOCKTON LLP 607 14th Street, N.W. Washington, D.C. 20005 Phone: (202) 508-5800 Attorneys for Plaintiff The Passamaquoddy Tribe of Maine

US2000 10857123.1