Free Scheduling Order - District Court of Federal Claims - federal

Case 1:06-cv-00942-LJB

Document 27

Filed 01/14/2008

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In the United States Court of Federal Claims
No. 06-942 L (Filed January 14, 2008) ********************* PASSAMAQUODDY TRIBE, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ********************* ORDER Briefing on defendant's Motion to Dismiss Pursuant to 28 U.S.C. § 1500 was complete on December 4, 2007. Upon review of the parties' briefs, and upon consideration of parallel briefing and proceedings concerning similar motions in the Ak-Chin Community v. United States, No. 06-932 L, and Salt River PimaMaricopa Indian Community v. United States, No. 06-943 L, the court has concluded that questions of fact remain and that it must hear testimony from Ms. Alexis Applegate as to the time of day on December 29, 2006 she filed the complaint in the subject matter in this court, and the complaint in Passamaquoddy Tribe of Maine v. Kempthorne, No. 06-cv-02240, in the United States District Court for the District of Columbia. Counsel for the respective parties shall have the opportunity to question Ms. Applegate during an evidentiary hearing to establish the times that the two complaints were filed and the court will have an opportunity to follow up on counsel's questions with its own, if necessary.1 In that regard, the parties shall confer and propose to the court a mutually acceptable date for the evidentiary hearing to be held on the record during either the week of January 28th or the week of February 4th, 2008.

/ Assuming that counsel wish to utilize documentary evidence to examine and crossexamine Ms. Applegate, the parties shall confer to create a set of joint exhibits to be used during Ms. Applegate's testimony, including any transcripts from prior proceedings relevant to the present dispute.

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Case 1:06-cv-00942-LJB

Document 27

Filed 01/14/2008

Page 2 of 2

Accordingly, it is hereby ORDERED that the parties shall CONFER and CONTACT chambers at 202-357-6532 with their proposed date for the evidentiary hearing by or before January 18, 2008. /s/Lynn J. Bush LYNN J. BUSH JUDGE

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