Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:06-cv-00930-LJB

Document 14

Filed 10/29/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOKAOGON CHIPPEWA COMMUNITY ) (aka MOLE LAKE BAND OF LAKE ) SUPERIOR CHIPPEWA INDIANS), ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

Case No. 06cv00930L Judge Lynn J. Bush

JOINT MOTION FOR LEAVE TO FILE JOINT STATUS REPORT OUT OF TIME AND [PROPOSED] ORDER Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), the parties respectfully move for leave to file out of time a Joint Status Report. Pursuant to this Court's order dated June 29, 2007, the case was stayed until October 29, 2007, and the parties were directed to file a Joint Status Report on or before that date. Counsel inadvertently missed the October 29, 2007 filing deadline and seek leave of Court to file the Joint Status Report out of time for the following reasons. The October 29, 2007 deadline for the Court of Federal Claims ("CFC") filing fell on the same day as a filing deadline in the parallel case filed in the United States District Court for the District of Columbia, Sokaogon Chippewa Community v. Kempthorne, No. 06-cv-02247-JR (D.D.C.). Undersigned counsel for the Defendant entered the CFC filing deadline and the DDC filing deadline as single "appointment" or due date on her electronic calendar. The title for the calendar entry showed only the DDC caption and name because it was entered first. The CFC caption and case name was entered second and did not appear in the heading or title for the calendar entry.

Case 1:06-cv-00930-LJB

Document 14

Filed 10/29/2007

Page 2 of 3

All deadlines in the parallel DDC case are currently suspended under the temporary stay effected by the July 2, 2007 Order instructing the United States to file a motion for remand by a date certain or be deemed to have waived the motion. See Order dated July 2, 2007, in Sokaogon Chippewa Community, No. 06-cv-02247-JR (attached hereto as Exhibit 1). Undersigned counsel noted the calendar entry showing the DDC deadline, but did not open the entry and view the details, because the deadlines in that case are currently suspended. Undersigned counsel did not recall at the time that the DDC and CFC cases had concurrent filing deadlines before the DDC case was temporarily stayed and therefore did not open the calendar entry or see the CFC filing deadline until after it had passed. Counsel for the defendant realized the error on October 28, 2007 and immediately sent an electronic message to Plaintiffs' counsel advising them of their omission consideration. Upon receiving Defendant's electronic message, Plaintiff's counsel immediately realized that they had similarly inadvertently overlooked the October 26, 2007 CFC filing deadline because of the concurrent deadlines and the current suspension of filing deadlines in the DDC case. On the morning of Monday, October 29, 2007, the parties conferred and agreed to submit this motion for leave to file out of time and the accompanying joint status report in an effort to correct the oversight. Granting this motion will not prejudice any party and will serve the interests of justice. and submitted a proposed joint status report for Plaintiff's review and

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Case 1:06-cv-00930-LJB

Document 14

Filed 10/29/2007

Page 3 of 3

WHEREFORE, the parties respectfully request that their joint motion be GRANTED. Respectfully submitted this 29th day of October, 2007, RONALD J. TENPAS Acting Assistant Attorney General s/ Patricia A. Marks, by s/ Carol L. Draper pursuant to written authorization on October 29, 2007 PATRICIA A. MARKS 15992 A.E. Mullinix Road Woodbine, MD 21797-8440 Tel: (410) 489-4553 Fax: (301) 854-5117 Attorney of Record for Plaintiff

s/ Carol L. Draper CAROL L. DRAPER United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0465 Fax: (202) 353-2021 Attorney of Record for Defendant

OF COUNSEL: GLENN C. REYNOLDS 407 East Main Street Madison, WI 53703 Tel: (608) 257-3621 Fax: (608) 257-5551

OF COUNSEL: 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 SHANI N. WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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