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

Case 1:03-cv-00600-EJD

Document 68

Filed 02/01/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (E-Filed February 1, 2008) ) ) ) ) ) ) ) ) ) ) ) )

CHEYENNE RIVER SIOUX TRIBE, et al., Plaintiffs, v. UNITED STATES, Defendant.

No. 03-600 L Chief Judge Edward J. Damich

JOINT MOTION TO STAY PRETRIAL SCHEDULE

COMES NOW Plaintiffs and Defendant, who hereby respectfully jointly move the Court to stay the current pretrial schedule to permit the parties to pursue settlement discussions. The parties would propose to report back to the Court in 30 days as to the progress of the settlement discussions. As required by the pretrial scheduling order, the parties have discussed the possibility of the settlement of this litigation. Following these discussions, on January 25, Plaintiffs provided Defendant with a written settlement proposal. The proposal was sufficiently detailed to provide the parties with reason to believe that settlement discussions may be fruitful. Due to the bifurcation of the liability and damages portions of this case, additional work must be performed to reduce parts of the proposal to precise dollar amounts. Nonetheless, the proposal has sufficient detail to permit the parties to believe that future settlement discussions would further the interests of judicial economy.

Case 1:03-cv-00600-EJD

Document 68

Filed 02/01/2008

Page 2 of 2

Plaintiffs and Defendant understand that the Court has certain limitations in its calendar. The parties would be happy to discuss this and any other matters the Court desires in a telephone conference if the Court deems such advisable. Defendant has conferred with counsel for Plaintiffs, who has authorized Defendant to submit this motion on behalf of both parties. Dated: February 1, 2008. Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environmental & Natural Resources Division

s/ Susan V. Cook SUSAN V. COOK, Senior Attorney JAMES D. GETTE, Trial Attorney Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 663 Washington, D.C. 20044 Tele (202) 305-0470 Fax (202) 305-0506 [email protected] Attorneys for Defendant 435453.1

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