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

Case 1:03-cv-00600-EJD

Document 37

Filed 10/21/2005

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

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

) ) ) ) ) ) ) ) )

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

JOINT STATUS REPORT Plaintiffs, Cheyenne River Sioux Tribe, et. al., and Defendant, United States, by and through their respective undersigned counsel of record, in response to the Court's order of August 24, 2005, hereby file this Joint Status Report and state as follows: 1. A site visit to the property was conducted the week of October 3, 2005. Counsel

for plaintiffs, Tracey Fischer, and counsel for defendant, Susan Cook, as well as defendant's experts drove the entire stretch of the river, and examined each of the three parcels on foot. On October 4-5, defendant's experts returned to each of the 3 selected parcels to conduct additional field work. 2. There are currently no ongoing settlement discussions because the parties believe

that settlement discussions would be premature until there has been further discovery and expert work on the three selected parcels.

1

Case 1:03-cv-00600-EJD

Document 37

Filed 10/21/2005

Page 2 of 4

3.

The parties would propose the following schedule for future proceedings in this

case. All dates and tasks are only with respect to the 3 selected parcels: Plaintiffs disclose the identity of fact witnesses by November 15, 2005; Defendant discloses the identity of fact witness by November 30, 2005; Parties propound all written discovery (such as interrogatories, requests for admission and document production requests) by December 15, 2005; Plaintiff discloses identity of expert witnesses by December 15, 2005; Defendant discloses identity of expert witnesses by December 31, 2005; Parties complete depositions of fact witnesses by February 15, 2006 (depositions tentatively to be held in Rapid City, South Dakota); Plaintiffs produce expert reports by March 31, 2006; Defendant produces expert reports by April 28, 2006; Parties complete depositions of expert witnesses by May 31, 2006; Plaintiffs' Appendix G filing is due July 31, 2006; Defendant's Appendix G filing is due August 31, 2006.

2

Case 1:03-cv-00600-EJD

Document 37

Filed 10/21/2005

Page 3 of 4

The parties are available for a telephonic status conference anytime on Monday November 7, or Tuesday, November 8, 2005.

Dated: October 21, 2005. Respectfully submitted,

s/ Tracey Fischer by s/ Susan V. Cook TRACEY FISCHER 13366 Tilford Road Piedmont, SD Telephone: 605-347-2193 Facsimile: 605-347-2194 Email: [email protected] Counsel for Plaintiffs

s/ Susan V. Cook SUSAN V. COOK Natural Resources Section Environment & Natural Resources Division Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 Telephone: 202-305-0470 Facsimile: 202-353-7763 Email: [email protected] Counsel for Defendant

DOJ312882

3

Case 1:03-cv-00600-EJD

Document 37

Filed 10/21/2005

Page 4 of 4

4