Free Motion to Stay - District Court of Federal Claims - federal

Case 1:05-cv-01023-JFM

Document 32

Filed 09/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ROSEBUD SIOUX TRIBE, a federally recognized Indian Tribe, Plaintiff, vs. THE UNITED STATES OF AMERICA, Defendant.

No. 05-1023 L Judge James F. Merow

PLAINTIFF' UNOPPOSED MOTION S FOR STAY OF FURTHER PROCEEDINGS

Plaintiff hereby moves, unopposed, for a stay of all further proceedings in this matter, including the filing of the status report ordered in the Court' January 5, 2007, Opinion and s Order on Defendant' Motion for Judgment on the pleadings, until November 15, 2007. In s support of this motion, Plaintiff states as follows: 1. Over the course of the past 8 months the parties have been engaged in settlement negotiations. 2. 3. As a result of those negotiations a tentative agreement was reached. On September 19, 2007 the tentative agreement was presented to the Rosebud Sioux Tribal Council for consideration. 4. On September 19, 2007, the Rosebud Sioux Tribal Council passed a motion or resolution approving the settlement proposal which is being forwarded to Plaintiff' undersigned counsel. s 5. The United States has agreed in principle with the proposed agreement and awaits receipt of the tribal motion or resolution to seek the requisite review of the proposal.

Case 1:05-cv-01023-JFM 6.

Document 32

Filed 09/24/2007

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The parties believe that the United States can review and act upon the proposal between the date of this motion and November 15, 2007.

7.

Counsel for the United States, Daniel G. Steele has reviewed Plaintiff' motion s and does not oppose it.

8.

The instant request for a stay of proceedings is the fourth such request.

WHEREFORE, for good cause shown, the Plaintiff requests that Rosebud Sioux Tribe' s Unopposed Motion for Stay of Further Proceedings be granted and that all proceedings in this matter, including the filing of the status report ordered in the Court' January 5, 2007, Opinion s and Order on Defendant' Motion for Judgment on the Pleadings, be stayed until November 15, s 2007. Dated at Sioux Falls, South Dakota, this 24th day of September, 2007. DAVENPORT, EVANS, HURWITZ & SMITH, L.L.P.

s/ Mark F. Marshall Mark F. Marshall 206 West 14th Street PO Box 1030 Sioux Falls, SD 57101-1030 Telephone: (605) 336-2880 Facsimile: (605) 335-3639 Attorneys for Plaintiff

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