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

Case 1:06-cv-00935-MMS

Document 39

Filed 06/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SEMINOLE NATION OF OKLAHOMA, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No.: 06-CV-00935-L Judge Margaret M. Sweeney

PLAINTIFF'S UNOPPOSED MOTION FOR ADDITIONAL ENLARGEMENT OF TIME WITHIN WHICH TO FILE PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR DOCUMENT PRESERVATION ORDER, CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims, Plaintiff respectfully submits this unopposed motion for enlargement of time within which to file Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Document Preservation Order, Confidentiality Agreement and Protective Order. Plaintiff respectfully requests the enlargement of time to and including June 9, 2008. Under the Court's scheduling order, the current filing deadline for Plaintiff's Reply is June 2, 2008, enlarged from May 9, 2008. Docket Nos. (Doc. #) 29, 32, 37. Plaintiff requests this additional enlargement of time for the following reasons: 1. The Parties have exchanged numerous drafts of the proposed

confidentiality agreement and protective order for approximately the past week. 2. The Parties have also engaged in two conference calls aimed at discussing

specific terms of the proposed confidentiality agreement and protective order. 3. The Parties are nearing a compromise but are unable to reach such

agreement by the current deadline as Defendant's counsel is traveling to Oklahoma City

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Case 1:06-cv-00935-MMS

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to attend status conferences in two other tribal trust fund litigations pending in the United States District Court for the Western District of Oklahoma. 4. The Parties' counsel intends to meet and confer regarding the proposed

confidentiality agreement and protective order while Defendant's counsel is in Oklahoma City. 5. Plaintiff is optimistic that an agreement can be reached between the

Parties as to the terms of the proposed confidentiality agreement and protective order such that the Parties will be able to enter a joint stipulated order by the requested extension date. 6. Plaintiff's counsel conferred with Defendant's counsel on June 2, 2008,

regarding this motion for enlargement of time, and Defendant's counsel authorized undersigned counsel to state that Defendant does not oppose the motion. Respectfully submitted this 2nd day of June, 2008.

s/ Sandra Benischek Harrison___________ SANDRA BENISCHEK HARRISON, OBA #18647 Andrews Davis, P.C. 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK Tel: (405) 272-9241 Fax: (405) 235-8786 [email protected] ATTORNEY OF RECORD FOR PLAINTIFF OF COUNSEL: MICHAEL D. MCMAHAN, OBA #17317 JENNIFER H. MCBEE, OBA #19170 JACQUELYN V DUFFY, OBA #21630 Andrews Davis, P.C 100 North Broadway Avenue, Suite 3300

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Case 1:06-cv-00935-MMS

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Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PLAINTIFF'S UNOPPOSED MOTION FOR ADDITIONAL ENLARGEMENT OF TIME WITHIN WHICH TO FILE REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR DOCUMENT PRESERVATION ORDER, CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER was served on June 2, 2008, by Electronic Case Filing, on the following counsel: TERRY M. PETRIE Attorney of Record Environment & Natural Resources Division United States Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1369 Fax: (303) 844-1350 [email protected] ATTORNEY OF RECORD FOR DEFENDANT OF COUNSEL: ANTHONY P. HOANG JARED PETTINATO United States Department of Justice Environment & Natural Resources Division PO Box 663 Washington, DC 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021 [email protected] [email protected]

___s/ Sandra Benischek Harrison___
209285.1

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