Free Motion to Substitute Attorney - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

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Filed 06/30/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Sacramento Grazing Association, Inc., et aI.,
Plaintiff,
v.

No. 04-786
Judge Susan G. Braden

United States,
Defendants.

Plaintiff's Motion For Leave to ChanÇle Plaintiffs' Attorney of Record
Plaintiffs, Sacramento Grazing Association, Inc. James Goss, Frances Goss, and
Justin Goss, hereby request leave of this Court, pursuant to RCFC 83.1 (c)(4), to change

their attorney of record from Nancie G. Marzulla to Michael J. Van Zandt.

This is a takings case alleging that the United States has taken Plaintiff's water
rights and other property located on the Sacramento Allotment in Southeastern New

Mexico. Plaintiffs filed their Complaint with this Court on May 4, 2004 and Defendant filed its Answer on September 30, 2004. On October 5, 2004, Defendant filed a Motion
to partíally Dismiss Plaintiffs Complaint or Alternatively for Summary Judgment. On

June 30,2005, the Court dismissed plaintiffs' first and second causes of action, but
allowed the filing of an amended complaint, which was filed on September

6, 2005. On

March 22, 2006, the parties filed a joint motion to stay the case pending the New

Mexico Supreme Court's decision in Walker v. United States, No 29,544 (N.M. fied

Nov. 18,2005), which was granted on March 27,2006.

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On June 21,2007, the New Mexico Supreme Court issued

a decision in the

Walker case. This Court subsequently issued scheduling orders re-opening discovery
in the case and scheduling a date for filing of the Defendant's Motion for Summary

Judgment. (See Doc Nos. 29 and 31). After this Court granted an unopposed motion
for extension of time, the Defendant filed its Motion for-Summary Judgment on April 29,

2008. On May 19, 2008, Plaintiffs' received an extension of time to file a Response,

which is currently due by June 30, 2008.1
Under RCFC 83.1 (c)(4) a party may change its attorney by obtaining the consent

of the previous attorney and by filing a motion with the court:

A party other than the United States may by leave of court on motion change the

party's attorney at any time. The motion may be signed by . . . the newly designated
attorney accompanied by a declaration of appointment executed by such attorney. If
the consent of the previous attorney of record is annexed to or endorsed on the motion,
substitution shall be accomplished by an appropriate entry on the docket by the clerk.

RCFC 83.1 (c)(4). Attached hereto is an affidavit appointing Michael Van Zandt

as the attorney of record for Plaintiffs in this matter. See Attachment B. Plaintiffs'
previous attorney of record, Nancie G. Marzulla, has consented to the change. See
Attachment A.

1 As a result of the change in attorney of record, Plaintiffs will be filing a Second Unopposed Request for Extension of Time to Respond to the Defendant's Motion for Summery Judgment.

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Attorney for the Defendant, United States, has been notified of this change in

representation and will not be prejudiced as a result. Therefore, Plaintiffs request that
this Court grant their motion to change their attorney of record.

Dated:June 27,2008

By:

Michael J. Va Za
HANSON BRIDGETT 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 777-3200

Facsimile: (415) 995-3566
Attorneys for Plaintiff Sacramento Grazing Association

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CERTIFICATE OF SERVICE

I hereby certify that on this 30th day of June, 2008, a true and accurate copy of

the Plaintiffs Motion for Leave to Change Plaintiffs' Attorney of record was served upon
counsel by first-class mail, by placing the same in the United States mail, postage
prepaid, addressed to:

Kathleen Lennon Doster
U.S. Department of Justice Environment & Natural Resources Division P.O. Box 663 Washington, DC 20044-663

Tel: (202) 305-0481 Fax: (202) 305-0506
Kathleen .doster~usdoi .qov

~

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EXHIBIT A

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Sacramento Grazing Association, Inc., et aI.,
Plaintiff,
v.

No. 04-786
Judge Susan G. Braden

United States,
Defendants.

CONSENT TO SUBSTITUTION OF ATTORNEY OF RECORD
I am counsel of record in the above-captioned case. Pursuant to Rule 83.1 (c)(4)

of the Rules of Court of Federals Claims, I hereby give my consent to the substitution of
Michael J. Van Zandt of the law firm of Hanson Bridgett as counsel of record in this

lawsuit.

Dated:June

,2008

By:

Sf Nancie G. Marzulla Nancie G. Marzulla Roger J. Marzulla MARZULLA & MARZULLA 1350 Connecticut Avenue, NW

Suite 410
Washington, DC 20036 Telephone: (202) 822-6760

Facsimile: (202) 822-6774
Attorneys for Plaintiff Sacramento Grazing Association

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EXHIBIT B

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Sacramento Grazing Association, Inc., et aI.,
Plaintíff,

No. 04-786
Judge Susan G. Braden

v.

United States,
Defendants.

DECLARATION OF MICHAEL J. VAN ZANDT

REGARDING APPOINTMENT AS ATTORNEY OF RECORD
I, Michael J. Van Zandt, pursuant to 28 U.S.C. § 1746, hereby declare:
1. I am a partner in the law firm of Hanson Bddgett, and have been retained

by the Plaintiffs in the above-captioned case.
2. Nancie G. Marzulla, the current attorney of record, is no longer

representing these Plaintiffs in this matter.
3. Therefore, having the consent of the Plaintiffs in this case, i have moved

this Court for leave to be designated attorney of record.

i declare under penalty of perjury that what i have said in this declaration is true
and correct.

Executed on June 27,2008

By: