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

Case 1:05-cv-01023-JFM

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Filed 07/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ROSEBUD SIOUX TRIBE, a federally recognized Indian Tribe, ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

No. 05-1023L Judge James F. Merow

DEFENDANT'S SECOND UNOPPOSED MOTION FOR STAY OF PROCEEDINGS Defendant hereby moves, unopposed, for an additional stay of all proceedings in this matter, including the filing of the status report ordered in the Court's January 5, 2007, Opinion and Order on Defendant's Motion for Judgment on the Pleadings, for a period of sixty (60) days, until September 21, 2007. In support of this Motion, Defendant states as follows: 1. 2. Since February 23, 2007, the Parties have engaged in settlement discussions; To facilitate settlement discussions, the Parties have each sought a stay of all

proceedings in this litigation, both of which were granted by this Court; 3. The current stay of this litigation expires on July 23, 2007, however the Parties

believe that additional time is needed to conclude their productive settlement discussions; 4. Two rounds of recommended settlement offers have been exchanged since the

Parties' negotiations began, and the Plaintiff is now considering a recommended offer of settlement provided by Defendant; 5. To permit the conclusion of their settlement negotiations, and to provide for the

completion of settlement of this matter if the Parties are ultimately successful in settling this case, the Parties agree that an extension of the stay of all proceedings in this litigation for a

Case 1:05-cv-01023-JFM

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period of sixty (60) days, until September 21, 2007, is warranted; and 6. Counsel for Defendant, Caroline M. Blanco, consulted with counsel for Plaintiff,

Mark F. Marshall, concerning the instant Motion for a Stay of Proceedings, and Mr. Marshall consented to it. WHEREFORE, for good cause shown, the United States requests that Defendant's Unopposed Motion for a Stay of Proceedings be granted and that all proceedings in this matter, including the filing of the status report ordered in the Court's January 5, 2007, Opinion and Order on Defendant's Motion for Judgment on the Pleadings, be stayed for a period of sixty (60) days, until September 21, 2007. Dated: July 23, 2007 Respectfully submitted,

s/Caroline M. Blanco CAROLINE M. BLANCO D.C. Bar No. 430118 Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0248 Fax: (202) 305-0267 E-mail: [email protected]

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Case 1:05-cv-01023-JFM

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John Turner Assistant Chief U.S. Department of Justice Environment and Natural Resources Division Indian Resources Section P.O. Box 44378 L'Enfant Plaza Station Washington, DC 20026-4378 Telephone: (202) 514-9257 Fax: (202) 305-0271 E-mail: [email protected] OF COUNSEL: Maria Wiseman Attorney-Advisor Branch of Trust Resources Division of Indian Affairs Office of the Solicitor, Mail Stop 6456 U.S. Department of the Interior 1849 C Street, N.W. Washington, D.C. 20240 (202) 208-7227 Telephone (202) 219-1791 Fax

Attorneys for Defendants

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