Free Joint Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00024-FMA

Document 114

Filed 05/16/2006

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UNITED STATES COURT OF FEDERAL CLAIMS PUEBLO OF LAGUNA, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) )

No. 02-24L Judge Francis M. Allegra

JOINT STATUS REPORT Plaintiff, the Pueblo of Laguna, and Defendant, the United States, (the "parties"), hereby jointly report to the Court regarding their progress on an indexation plan to be submitted to the Court and on other matters. I. INDEXATION PLAN STATUS AND DOCUMENT PRODUCTION Since the last status report filed on February 15, 2006, the parties have continued to work on document production and indexation issues but primarily with respect to Jicarilla v. United States, Docket No. 2-25L. The parties agreed to set aside Pueblo of Laguna document production and indexation to focus first on completing document production and indexation for Jicarilla. Plaintiff did engage in joint review of records with the Jicarilla Apache Nation at several government repositories in Albuquerque and may engage in similar joint review in the future if it would promote efficiency. The parties anticipate proceeding with Pueblo of Laguna document production and indexing at an appropriate future time. The parties anticipate benefitting at that time from the experience gained in completing Jicarilla document production and indexing. As with the Jicarilla case, if the parties are unable to agree upon reasonable document production indexation methods, they will of

Case 1:02-cv-00024-FMA

Document 114

Filed 05/16/2006

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course bring any unresolved issues to the attention of the Court. The parties will report to the Court on their efforts and, when practicable, continue preparation of a formal indexation plan as ordered by the Court in its Order of March 19, 2004. II. ALTERNATIVE DISPUTE RESOLUTION The parties anticipate that they will be able to proceed with ADR with respect to Pueblo of Laguna, in much the same manner as for the Jicarilla case but at an appropriate time and have so advised Settlement Judge Eric G. Bruggink. The parties will report further to the Court on these matters of indexation and production of documents on or before August 14, 2006 unless the Court orders otherwise or unless intervening events warrant an earlier report.

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Case 1:02-cv-00024-FMA

Document 114

Filed 05/16/2006

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Respectfully submitted this 16th day of May, 2006.

/s Alan R. Taradash by /s Donald H. Grove _____________________________ Alan R. Taradash Nordhaus Law Firm, LLP 405 Dr. Martin Luther King Jr. Ave. NE Albuquerque, NM 87102-3541 telephone: 505-243-4275 facsimile: 505-243-4464

/s Robert Rodrigues by /s Donald H. Grove _____________________________ Robert Rodrigues U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 telephone: 202-305-0484 facsimile: 202-305-0506 Attorney of Record for Defendant Martin LaLonde Laura Maroldy Kenneth Stegeby U.S.Department of Justice Environment and Natural Resources Division General Litigation Section P.O. Box 663 Washington, DC 20044-0663

Attorney of Record for Plaintiff Thomas J. Peckham Daniel I.S.J. Rey-Bear Deidre A. Lujan Nordhaus Law Firm, LLP 405 Dr. Martin Luther King Jr Ave NE Albuquerque, NM 87102 telephone 505-243-4275 Of Counsel Donald H. Grove Nordhaus Law Firm, LLP Suite 801 1401 K Street NW Washington, DC 20005 telephone 202-530-1270 Of Counsel