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

Case 1:06-cv-00935-MMS

Document 35

Filed 05/19/2008

Page 1 of 3

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 2, 2008. Under the Court's scheduling order, the current filing deadline for Plaintiff's Reply is May 19, 2008, enlarged from May 9, 2008. Docket Nos. (Doc. #) 29, 32. Plaintiff requests this additional enlargement of time for the following reasons: 1. Undersigned Plaintiff's counsel has drafted a proposed confidentiality

agreement and protective order aimed at reaching a compromise between the parties for these documents. 2. Plaintiff's counsel provided the draft to Defendant's counsel on Thursday,

May 8, 2008,. As of the date of this filing, Plaintiff's counsel has not yet received responsive comments from Defendant's counsel.

Case 1:06-cv-00935-MMS

Document 35

Filed 05/19/2008

Page 2 of 3

3.

Because Defendant's counsel have not yet provided responsive comments,

the Parties have not yet reached an agreement on the specific terms for the confidentiality and protective order. 4. Plaintiff's counsel reasonably believes if additional time is granted a

compromise will be reached on the terms of the confidentiality agreement and protective order and the additional time is a beneficial use of the parties time and resources. 5. Plaintiff's counsel conferred with Defendant's counsel on May 16, 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 19th day of May, 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 Andrews Davis, P.C 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241 Fax: (405) 235-8786 JENNIFER HENSHAW MCBEE, OBA #19170 Andrews Davis, P.C 100 North Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Tel: (405) 272-9241

Case 1:06-cv-00935-MMS

Document 35

Filed 05/19/2008

Page 3 of 3

Fax: (405) 235-8786 JACQUELYN V DUFFY, OBA #21630 Andrews Davis, P.C. 100 North Broadway, Suite 3300 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 TOPLAINTIFF'S MOTION FOR DOCUMENT PRESERVATION ORDER, CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER was served on May 19, 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 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]

___s/ Sandra Benischek Harrison___
208881.1