Free Motion for Protective Order - District Court of Federal Claims - federal

Case 1:02-cv-00024-FMA

Document 104

Filed 05/18/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PUEBLO OF LAGUNA ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) Electronically filed May 18, 2005

No. 02-24 L Judge Francis M. Allegra

JOINT MOTION FOR ENTRY OF ADR CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER The Pueblo of Laguna and the United States hereby move jointly for entry of an Alternative Dispute Resolution ("ADR") Confidentiality Agreement and Protective Order. In support of this motion, the parties state the following: 1. On December 13, 2002, this Court entered an Order staying this case and, at the

parties' request, referring the case to Senior Judge Bruggink to conduct ADR proceedings in this complex matter. 2. On April 19, 2004, this Court entered a Confidentiality Agreement and Protective

Order ("CAPO") in this case to facilitate efficient discovery and authorize production of confidential and proprietary records while protecting them from further disclosure consistent with Applicable Confidentiality Laws, as defined in the CAPO, and to avoid waivers of exemptions from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. 3. Since entry of the above Orders, the parties have agreed to the terms of an Agreement

Governing ADR Proceedings for this case. As part of the parties' efforts to pursue informal discovery within the ADR proceedings, the parties also have agreed to the terms of the attached proposed ADR CAPO. The proposed ADR CAPO is identical, but for the name of the Plaintiff, to

Case 1:02-cv-00024-FMA

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Filed 05/18/2005

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the one entered by the Court in Jicarilla Apache Nation v. United States, No. 02-25L, on April 4, 2005. 4. Entry of the attached proposed ADR CAPO, including supplementation and

modification of the CAPO entered on April 19, 2004, will further facilitate the free flow of information among the parties and the designated Settlement Judge, which may assist the parties in resolving this case pursuant to the Court's ADR program. WHEREFORE, the Pueblo of Laguna and the United States of America respectfully request that the Court approve and enter the attached proposed ADR Confidentiality Agreement and Protective Order. Respectfully submitted this 18th day of May, 2005. KELLY A. JOHNSON Acting Assistant Attorney General s/ Alan R. Taradash by s/ Donald H. Grove ALAN R. TARADASH NORDHAUS, HALTOM, TAYLOR, TARADASH & BLADH, LLP 405 Dr. Martin Luther King Jr. Ave. NE Albuquerque, NM 87102-3541 Tel: (505) 243-4275 Fax: (505) 243-4464 Attorney for Plaintiff Attorney for Defendant THOMAS J. PECKHAM DANIEL I.S.J. REY-BEAR DEIDRE A. LUJAN NORDHAUS, HALTOM, TAYLOR, TARADASH & BLADH, LLP 405 Dr. Martin Luther King Jr. Ave. NE Albuquerque, NM 87102-3541 DONALD H. GROVE NORDHAUS, HALTOM, TAYLOR, TARADASH & BLADH, LLP -2BRENDA RIEL Office of the Solicitor United States Department of the Interior 1401 K Street NW, Suite 801 Washington, D.C. 20240 TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury s/ Robert W. Rodrigues by s/ Donald H. Grove ROBERT W. RODRIGUES United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 353-8839 Fax: (202) 353-2120

Case 1:02-cv-00024-FMA

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1401 K Street, NW, Suite 801 Washington, DC 20006 Of Counsel for Plaintiff

Washington, D.C. 20227 Of Counsel for Defendant

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