Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:06-cv-00942-LJB

Document 31-2

Filed 03/20/2008

Page 1 of 3

Exhibit A Summary of Order of Filings First Trip to the Court of Federal Claims Passamaquoddy Tohono O'odham Salt River First Trip to the District Court Passamaquoddy Salt River Second Trip to the Court of Federal Claims Ak-Chin Second Trip to the District Court Ak-Chin Third Trip to the District Court Ak-Chin

US2000 10716351.1

Case 1:06-cv-00942-LJB

Document 31-2

Filed 03/20/2008

Page 2 of 3

Exhibit A

Time Line for December 29, 2006 Filings
December 28, 2006 Mr. Harper and Ms. Applegate file a District Court Complaint on behalf of Tohono O'odham. (Passamaquoddy Hearing Tr. Ex. 19.) Ms. Applegate obtains checks and prepares the civil cover sheets and summons for the next day's filings. (Passamaquoddy Hearing Tr. 21:7-22; 27:25-28:4.) 9:44 p.m. Mr. Harper sends Ms. Applegate an e-mail asking her to check to see if the Courts are closing early on December 29th because of President's Ford's death and December 29, 2006 was the Friday before New Years. (Passamaquoddy Hearing Tr. 15:18-16:4, Ex. 1.) December 29, 2006 9:00-9:26 a.m. Ms. Applegate calls the Courts and learns that the District Court would not close early, but the CFC did not guarantee that it would not. This uncertainty, coupled with their never having filed a complaint in the CFC, but having filed one in the District Court, prompted Mr. Harper to instruct Ms. Applegate to file the CFC Complaints first. (Passamaquoddy Hearing Tr. 16:15-17:3; Salt River Hearing Tr. 22:22-23:2; Ak-Chin Hearing Tr. 26:1-9.) 9:26 a.m. Katie Bosken sends Justin Guilder the final versions of the Tohono O'odham and Salt River CFC Complaints. Ms. Applegate is waiting in Mr. Guilder's office. Mr. Guilder prints these two CFC Complaints, as well as the CFC Complaint for Passamaquoddy. The three CFC Complaints are prepared for filing. (Passamaquoddy Hearing Tr. 19:12-19; 20:6-21:1, Ex. 3.) 9:30-10:30 a.m. Ms. Applegate files the Passamaquoddy, Salt River and Tohono O'odham CFC Complaints. Ms. Applegate returns to the office and retrieves materials to file the Passamaquoddy and Salt River District Court Complaints. (Passamaquoddy Hearing Tr. 18:19-25; 21:23-22:19.) 10:30 a.m. Ms. Applegate files the Passamaquoddy and Salt River District Court Complaints. (Passamaquoddy Hearing Tr. 22:20-27:4.)

US2000 10716351.1

Case 1:06-cv-00942-LJB

Document 31-2

Filed 03/20/2008

Page 3 of 3

Exhibit A

11:41 a.m. Mr. Guilder sends Mr. Roybal an e-mail seeking information for the Ak-Chin CFC Complaint. (Passamaquoddy Hearing Tr. Ex. 7.) 11:41 a.m. ­ 12:41 p.m. Mr. Guilder obtains this information and Ms. Applegate files the Ak-Chin CFC Complaint. Ms. Applegate returns to Kilpatrick Stockton LLP's offices and retrieves the District Court Complaint for Ak-Chin. Ms. Applegate drops off the Ak-Chin District Court Complaint for filing, but learns that she must later return for a summons. (Passamaquoddy Hearing Tr. 27:11-28:23.) 12:41 p.m. Ms. Applegate sends Mr. Austin an e-mail stating that she has filed everything but is waiting for a summons, which is for the Ak-Chin District Court Complaint. (Passamaquoddy Hearing Tr. 29:21-30:23, Ex. 8.) 2:23 p.m. Ms. Applegate sends Mr. Austin an e-mail stating that she had returned from the Court. At this time, Ms. Applegate had completed all of the filings and left the District Court Complaints and summons with the process servers. (Passamaquoddy Hearing Tr. 31:11-16, Ex. 9.)

US2000 10716351.1