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

Case 1:05-cv-01023-JFM

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Filed 02/23/2007

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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 UNOPPOSED MOTION FOR STAY OF PROCEEDINGS Defendant hereby moves, unopposed, for a 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 ninety (90) days, until May 24, 2007. In support of this Motion, Defendant states as follows: 1. 2. On February 22, 2007, Plaintiff filed its Rule 26(a)(1) Initial Disclosures; On February 23, 2007, the counsel for both Parties telephonically conferred to

discuss the status of this matter. During their discussion, it was agreed that the Parties desired to jointly explore settlement opportunities; 3. To facilitate settlement discussions, the Parties agreed that it would be beneficial

to seek a stay of all proceedings in the litigation, for a period of ninety (90) days, until May 24, 2007, so that they would have sufficient time to explore settlement of this matter; 4. At the conclusion of the February 23, 2007, telephonic meeting, it was agreed that

counsel for Defendant, Caroline M. Blanco, would prepare the instant Motion for a Stay of Proceedings, and that counsel for Plaintiff, Mark F. Marshall, consented to it.

Case 1:05-cv-01023-JFM

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Filed 02/23/2007

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5.

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

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 ninety (90) days, until May 24, 2007. Dated: February 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] 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]

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Case 1:05-cv-01023-JFM

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Filed 02/23/2007

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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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