Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:06-cv-00938-BAF

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TONKAWA TRIBE OF INDIANS, OF OKLAHOMA, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 06-CV-938-F Sr. Judge Bohdan A. Futey

JOINT MOTION TO EXTEND BRIEFING DEADLINES RELATED TO DEFENDANT'S MOTION TO DISMISS Pursuant to RCFC 6.1, Plaintiff and Defendant respectfully and jointly submit this motion to extend briefing deadlines related to Defendant's Motion to Dismiss filed with this Court. Plaintiff's response to Defendant's Motion to Dismiss is presently scheduled for September 4, 2008. The parties seek to extend the Plaintiff's response deadline and the Defendant's reply deadline: 1. The August 4, 2008, docket entry [Doc.#26] indicates that the response to

Defendant's Motion to Dismiss is due on September 4, 2008. The parties are in agreement that the existing briefing schedule, when combined with the briefing schedules in other trust fund litigation cases pending between Plaintiff's firm and Defendant, is burdensome and prejudicial to both parties. Accordingly, the Parties have agreed that a modification to the briefing schedule is necessary. 2. Pursuant to RCFC 6.1, the parties= counsel have discussed this motion during a

conference call on August 8, 2008. During that call, among other items, counsel exchanged and 1

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discussed the parties= respective views and positions relating to the deadlines of this case. Both parties= counsel indicated that they supported this motion. 3. The parties have attended an early meeting of counsel (EMOC), as required by

the RCFC, on July 8, 2008, and discussed this matter. 4. By granting this joint motion, the Court will not cause any undue prejudice or

harm to the rights and interests of the parties. Instead, by granting this motion, this Court will promote judicial efficiency and serve the public interest by enabling the parties to submit a welldiscussed, -analyzed, -briefed, and -reviewed Response and Reply to the Court. At the same time, however, by denying this joint motion, the Court could cause prejudice and harm to the parties= positions because they would not have sufficient time to complete a thorough Response and Reply before filing it. WHEREFORE, the parties respectfully request this Court to grant their joint motion and allow them to and including October 6, 2008, within which to file Plaintiff's Response to Defendant's Motion to Dismiss and also allow them to and including October 23, 2008, within which to file Defendant's Reply to Plaintiff's Response to Defendant's Motion to Dismiss. Respectfully submitted this 18th day of August 2008,

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RONALD J. TENPAS Assistant Attorney General s/ Kennis M. Bellmard II Kennis M. Bellmard II, OBA #13965 ANDREWS DAVIS A PROFESSIONAL CORPORATION Attorneys and Counselors at Law 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 Attorney of Record for Plaintiff OF COUNSEL: Timothy M. Larason, OBA #5239 Michael D. McMahan, OBA #17317 Jennifer Henshaw McBee, OBA #19170 ANDREWS DAVIS A PROFESSIONAL CORPORATION Attorneys and Counselors at Law 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 www.andrewsdavis.com s/ Terry M. Petrie____ Terry M. Petrie (signed by Filing Attorney pursuant to written authorization on August 16, 2008) United States Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1369 Fax: (202) 353-2021 [email protected] Attorney of Record for Defendant OF COUNSEL: ANTHONY P. HOANG JARED S. PETTINATO United States Department of Justice Environment & Natural Resources Division Natural Resource Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Tel: (202) 305-0203 Fax: (202) 353-2021 [email protected] [email protected] SHANI N. WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240

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TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227
211521.1

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