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

Case 1:05-cv-01023-JFM

Document 19

Filed 09/21/2006

Page 1 of 3

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 AN ENLARGEMENT OF TIME Pursuant to RCFC 6.1, Defendant hereby moves, unopposed, for a one week enlargement of time, until and including September 29, 2006, in which to file its Reply Memorandum in support of its Motion for Judgment on the Pleadings, filed pursuant to RCFC 12(c). In support of this Motion, Defendant states the following: 1. Plaintiff's response memorandum to Defendant's RCFC 12(c) motion raises

several issues, which require Defendant to do additional research related to the underlying land lease at issue in this case and the relationship of this matter to other lawsuits involving the same lease. Thus, Defendant requires up to one additional week of time in which to complete preparation of its Reply Memorandum. 2. Counsel for Defendant has recently encountered several work-related scheduling

conflicts that were not anticipated and which have significantly interfered with her ability to complete and file Defendant's Reply Memorandum in accordance with the current schedule. 3. On September 20, 2006, Ms. Blanco contacted counsel for Plaintiff, Mr. Mark F.

Marshall, to obtain Plaintiff's position on Defendant's request for an extension of time up to and including September 29, 2006, in which to file Defendant's Reply Memorandum, and Mr.

Case 1:05-cv-01023-JFM

Document 19

Filed 09/21/2006

Page 2 of 3

Marshall stated that he did not oppose Defendant's request for a one week enlargement of time. 4. The instant request for an enlargement of time in which to file Defendant's Reply

Memorandum is the first such request. WHEREFORE, for good cause shown, the United States requests that its Unopposed Motion for an Enlargement of Time be granted and that the United States shall have up to and including September 29, 2006, in which to file its Reply Memorandum in support of its Motion for Judgment on the Pleadings, filed pursuant to RCFC 12(c). Dated: September 21, 2006 Respectfully submitted, s/Caroline M. Blanco CAROLINE M. BLANCO D.C. Bar No. 430118 Trial Attorney Natural Resources Section Environment and Natural Resources Division U.S. Department of Justice 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 Indian Resources Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 44378 L'Enfant Plaza Station Washington, DC 20026-4378 Telephone: (202) 514-9257 Fax: (202) 305-0271 E-mail: [email protected]

-2-

Case 1:05-cv-01023-JFM

Document 19

Filed 09/21/2006

Page 3 of 3

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

-3-